Category: Legal

Original Intent

There is a case now being litigated in front of the United States Supreme Court brought by the same lawyers and organization that represented none other than Michael Cargill in the Cargill case dealing with the bumpstock, a big victory for the2 Second Amendment over the ATF there, but this case involves the Sixth Amendment right to a jury trial but it’s just as important to win as many other cases involving the Supreme Court and the Constitution [Watch]

If we start applying the unambiguous language understood by the Founders the house of cards will collapse, and that scares the hell out of the controllers.

Also see NCLA Asks Supreme Court to Hear Case to Overturn “Petty-Offense Exception” to Jury-Trial Right.

[Via Jess]

Speaking of History, Text, and Tradition…

Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) have filed an important new lawsuit challenging federal laws prohibiting licensed firearm dealers from selling handguns to out-of-state buyers. [More]

So when I read an authoritative historical article asserting “most of the early American rifles and pistols came from Eastern Pennsylvania,” why does it say nothing about out-of-colony buyers (and more)?

An Age Old Question

The Second Amendment Foundation has won a victory for young adults in Pennsylvania, where a panel of the Third U.S. Circuit Court of Appeals ruled 2-1 to remand the case back to the District Court with instructions to enter an injunction forbidding the state police from arresting law-abiding 18-20-year-olds for openly carrying firearms during a declared state of emergency. [More]

At this point, what other choice do the court and those backing disarmament have?

And will we see a simlar conflict demanding SCOTUS resolution as we’ve just seen with felons?

When Courts Collide

Based on the above four cases, the cert conflict could not be more dramatic. Range and Williams allow as-applied challenges to the felon ban. Jackson and Hunt categorically allow no challenge to the ban. Since felons are the overwhelming majority of persons prosecuted under § 922(g), resolution by the Supreme Court is direly needed. [More]

The fiction, of course, being that truly dangerous felons require any court’s sanction, and that a higher law they won’t acknowledge doesn’t nonetheless hold true…

[Via Michael G]

Moment in the Spotlight

Should you intervene in a mass attack? Is defending a third person legally different from defending yourself? Do you have a duty to retreat in these situations? And what practical considerations should you weigh, like your physical safety and the chaos of multiple 911 calls? Armed Attorneys Emily Taylor and Richard Hayes discuss whether you should stop a mass attack, the legal and practical risks of defending others, and how to protect yourself responsibly in high-threat situations. [More]

Having time to think about it, my inner Rick Blaine wins. Responsible people make their own preparations and irresponsible ones disparage armed citizens.

Without having time to reflect, I suppose the unique situation itself would steer my decision and repercussions would be the last thing on my mind. I know from past experience where I felt the end was near my instincts have been to focus and act, not freeze, and do my shaking afterward.

[Via Jess]

Supreme Court Watch

For conference:

Snope v Brown fka Bianchi v Frosh – MD AWB; Ocean State Tactical v Rhode Island – Magazine ban; Gray v Jennings – 2A irreparable injury; Maryland Shall Issue v Moore – Handgun Licenses

Per the SCOTUS website:

  • The Justices will meet in a private conference to discuss cases and vote on petitions for review.
  • The Court will release an order list at 9:30 a.m. on Monday, January 13. 

If more becomes known before then I’ll try to check in and update. And you feel free to inform the rest of us in comments.

The Felon in Chief?

Manhattan Judge Juan Merchan sentenced Trump to “unconditional discharge,” meaning no jail, no probation and no fine. But the sentence will still formally make Trump the first criminal convict ever to occupy the Oval Office. [More]

We’ll see what happens with an appeal.

In the meantime, is a “prohibited person” in charge of ATF?

An Innocent Man

Major 2A win in Ohio involving an individual indicted for possessing a firearm while under indictment for crime of which he was never convicted. [Watch]

If I’m reading this right, (Republican) prosecutor Melissa Powers evidently believes Ohioans elected a Republican majority so that she could deny the Second Amendment to a man whose robbery indictment was dismissed.

That’ll be useful to know if she ever seeks higher office.

[Via Jess]

Food Fight

A Pennsylvania man convicted of food stamp fraud cannot be barred under federal law from possessing a gun, a U.S. appeals court held for a second time, declining to change its conclusion in light of a major U.S. Supreme Court ruling that clarified the standard for when a firearms regulation can pass constitutional muster. [More]

I’m thinking over how I’d feel about a lifetime ban for those who imposed one on Bryan Range… or better, add “political power” to the law…

[Via Jess]

Verified by MonsterInsights