Category: Legal

A City’s Got to Know Its Limitations

We are constrained by the recent United States Supreme Court decision in New York State Rifle & Pistol Assn., Inc. v Bruen (597 US _, 142 SCt 2111 [2022]) which mandates the grant of this CPLR article 78 petition. Specifically, in Bruen , the United States Supreme Court held that denial of a license applications for failing to satisfy New York’s “proper cause” standard, under which the applicants had to demonstrate a special need for self-protection distinguishable from that of the general community, was unconstitutional as violative of the Second Amendment to the United States Constitution, which protects an individual’s fundamental right to keep a firearm, and the Fourteenth Amendment to the United States Constitution, which makes this right equally applicable throughout the states. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. [More]

“Callahan” seems such an appropriate name here.

[Via Jess]

Jojo Krako Permitting

Challenger to NJ’s unconstitutional law granted carry permit (kind of). [More]

So the “historical understanding” is that flintlock pistols were to be kept unloaded and locked in the back of the carriage and you could not have them where the “authorities” declared off-limits …?

Just like the old days…?

Who’s infringin’? We’re forbiddin’!

A Good First Step

A federal judge who was appointed by former President Donald Trump has ruled that a Texas law banning anyone under 21 from carrying handguns in public violates the Constitution. [More]

Excellent! Just don’t forget there’s still a ways to go…

I’m wondering if the grabbers will appeal…

[Via Robert J]

The Wrong Questions

In his order on Tuesday, Welte wrote: “The rather speculative risk of harm to the plaintiffs, on the one hand, does not outweigh the harm to the ATF’s interest in law enforcement and public safety, on the other.” [More]

Spoken like a true judicial fascist, all the while avoiding the real issues. Who recommended him to Trump?

This is what happens when confirmation hearings are treated more like pre-coronation ceremonies than job interviews.

We’re the Only Ones Perjuring Enough

The FBI told a federal magistrate judge that it intended to open hundreds of safe deposit boxes seized during a March 2021 raid in order to inventory the items inside—but new evidence shows that federal agents were plotting all along to use the operation as an opportunity to forfeit cash and other valuables. [More]

So: Who’s going to jail?

[Via Jess]

Coming Soon, To a Neighborhood Near You

The Break Down of The First Known ATF FRT Confiscation [More]

I continue to shake my head at the number of gun owners who don’t grok the basics. And I’m not surprised that they rolled on the next guy.

That said, I don’t think it’s fair to judge ATF Special Agent Chuck Donahoe until you’ve goose-stepped a mile in his jackboots.

[Via Jess]

Someone’s Gotta Do It

Two gun rights organizations filed federal court lawsuits Thursday challenging bans on semi-automatic weapons and magazine ammunition restrictions adopted by two Colorado cities after the state allowed local municipalities to enact tougher gun control measures than called for by state law. The lawsuits against Boulder and Louisville by Rocky Mountain Gun Owners and the National Foundation for Gun Rights follow two others the groups lodged against the state and county over similar gun control measures. [More]

Think SAF’ll ever make peace with Dudley?

[Via Jess]

Standing Orders

“A document that is classified in Washington, DC, is unclassified in Florida — one could say such a thing, but it is nonsensical,” he said. “And it calls into question the good faith of anyone who would make such a claim.” [More]

Now replace “document” with “right” and “classified” with “protected.” And switch locales to “Chicago” and “Cheyenne.”

I don’t know about White House documents, but it sure seems as far as an armed citizenry goes, all government officials swearing an oath to uphold “the supreme Law of the Land” have had their standing orders for centuries.

YadaYadaYada

Plaintiff lacks standing…Bruen is the wrong person to sue…plaintiff hasn’t shown injury… the plaintiff hasn’t shown a likelihood of winning… [More]

Everything to dance around and obscure the indisputable fact that these m***********g tyrannical New York a******s are denying a fundamental right to We the People under force of arms with full intent to bring an up-to-lethal hammer down on the head of anyone who disobeys.

[Via Antigone]

A Means to an End

A Minnesota Federal District judge defies the Supreme Court’s Bruen decision by applying “means-end scrutiny” and “narrow tailoring” to a case involving banning firearms at the Minnesota State Fair. [More]

He knows he can get away with it, hence giving SCOTUS and all gun owners the finger. If the Repubs don’t blow the “red wave,” they’ll have enough of a majority in the House to impeach, but not the 2/3 needed in the Senate to convict.

Naturally, the “progressive” Brennan Center says “if the impeach­ment power is used to punish judges for their rulings, it under­mines the vital inde­pend­ence of our judi­cial branch.”

Well, Clinton appointee Tunheim already did that by ignoring the High Court’s precedent and deferring to political interests. And, as with all things leftist, it depends on who’s doing the impeaching.

[Via Jess]

And Thank You for Your Service

Attorney R. Davis Younts told Just the News the new CDC guidance won’t change military mandates “but absolutely should. [More]

Especially considering what could happen:

“If they are tried and convicted in the appeals court, the case reaches the U.S. Court of Appeals for the Armed Forces. If a service member is convicted in this court, they would likely receive a dishonorable discharge, a bad-conduct discharge, or, in the case of an officer, a dismissal.”

And you know what that would mean.

‘Shall Not be Infringed’ Except…

FPC Files New Lawsuit Challenging ATF “Frame or Receiver” Rule [More]

ATF knows they’re in the wrong. But what do they care? They’ve got unlimited plunder to tap into and none of them will face any personal repercussions.

And some of us don’t think Congress has legitimate authority to do this, either.

[Via Jess]

We’re the Only Ones Partially Qualified Enough

Windsor officers sued over traffic stop of Black man protected from some claims, judge rules [More]

Some general rules of thumb that work most of the time and have kept me from being assaulted and kidnapped on more than one occasion: Be the adult on the scene. Don’t argue and resist. By the same token, don’t consent and/or volunteer information. File any resulting complaints when you’re safe.

[Via Mack H]

A Tempered Victory

…Firearms Policy Coalition (FPC) announced a victory in its Campos v. Bonta lawsuit, which challenged policies and practices of California Attorney General Rob Bonta and his Department of Justice (DOJ) Bureau of Firearms that delayed firearm transactions beyond the statutory 10-day waiting period absent a legal basis. [More]

Who thinks these guys wait 10 days?

[Via Jess]

Shall Not Be Infringed EXCEPT…

The Biden Administration Defends the Federal Ban on Gun Possession by Medical Marijuana Users [More]

What about crack smokers?

So when will Nikki Fried be prosecuted?

And, since they cite the historical precedents, when will the confiscation raids to disarm Indians and Catholics begin? They do realize both groups mostly vote Democrat?

[Via Jess]

A Historical Understanding

The State of Minnesota also filed its own motion for summary judgment, which …  went on to say … that “18-20 year old women are also not covered by the plain text of the Second Amendment.” [More]

I once wrote a speculative article (way pre-Heller) I can’t find now that basically made the case that the only women mentioned in U.S. Code are “female citizens of the United States who are members of the National Guard.” My intent was to set up a staged lawsuit with a (friendly) FFL refusing to sell a gun to a (friendly) woman and having it overturned on equal protection grounds.

I wonder if the statute now needs to be amended to add the words “self-identified”…

[Via Jess]

We’re the Fauxnly Ones Politically Embarrassing Enough

Last week, U.S. District Judge Carl J. Nichols sentenced Carter to nine months in federal prison for the theft of public funds. [More]

So … “illegal” gun … impersonating being a fed … but he’s not a “prohibited person” after all the other charges were dropped?

Guess that wouldn’t look good on Schneider’s guncreds.

I wish I thought a FOIA would do any good here…

[Via Michael G]

As Long as We’re Talking AstroTurf…

The most high-profile effort has come from Rhode Island Democratic Sen. Sheldon Whitehouse, who has emerged as one of the most prominent critics of what he describes as the corrupting influence of dark money on the court. He has proposed a bill that would treat amicus filers more like lobbyists, subjecting them to registration and financial reporting. [More]

While Sheldon gets to influence as a perk.

That’s pretty rich, considering the indignation is being stirred up by a Bloomberg Machine beneficiary. You know, the same machine that has for years been quietly setting up infrastructure in the states (that means with the media keeping mum) to make legal challenges to infringements necessary…

[Via Remarks]

Oh, Well This Proves EVERYTHING

Well, it turns out there are photos. And here they are, published for the first time. [More]

And this made the ever-sold-out Drudge.

Sr. Bedoya, the floor is yours:

Admissible evidence? We ain’t got no admissible evidence. We don’t need no admissible evidence. I don’t have to show you any stinking admissible evidence!

Is this really all they want us to need? What honest man wouldn’t rebel against that?

Funny. They don’t invite comments.

Open Season

“The gun rights movement has been given a weapon of mass destruction, and it will annihilate approximately 75% of the gun laws eventually,” said Evan Nappen, a New Jersey gun rights attorney. [More]

What do the antis call that? Oh, yeah, a good first step.

[Via bondmen]

Related UPDATE

The Supreme Court’s Bruen Gun Decision Is Even Bigger Than You Think [More]

The tip of the iceberg…

[Via Michael G]

You’ll Eat It and You’ll Like It

More Changes to State Policies and New Court Developments After the Bruen Case [More]

MA and CA, not to mention Bloomberg Central, ought to have some wailing and teeth gnashing going on. And this means Bonta is going back to Benitez.

Sometimes The Trace can be useful, even though it’s no secret what they’re rooting for.

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