Notes from the Resistance
The State of New York is Still Fighting the Bruen Decision [More]
Herschel brings us up to date on Antonyuk v Satan’s Minions, including New York’s insulting brief and Stephen Stamboulieh’s authoritative response.
I have to find out what SCOTUS’s options are for slapping inferiors defying hierarchical precedent down.
Franklin Armory and the Firearms Regulatory Accountability Coalition, Inc. (FRAC) have filed a lawsuit against U.S. Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over what the plaintiffs allege are wrongful classification of firearms and regulatory delays. [More]
That presupposes there are rightful classifications and acceptable review times.
[Via Jess]
A federal lawsuit supported by the Second Amendment Foundation and Firearms Policy Coalition has been filed in New York, challenging that state’s ban on so-called “assault weapons.” [More]
I’ve been arguing not to forget “core purpose” in 2A actions, so I find this a good add:
The firearms at issue in this case are the sorts of bearable arms in common use for lawful purposes that law-abiding people possess at home by the millions. And they are, moreover, exactly what they would bring to service in militia duty, should such be necessary.
Received via email from Tully Rinckey PLLC:
After careful consideration and over a year after it was implemented, the Department of Defense has decided to no longer enforce the COVID-19 vaccine mandate for service members. Despite the fact that less than 100 service members died from COVID-19 since the pandemic started, many active duty, Guard and Reserve members who refused the COVID-19 vaccine faced removal from the service. This impacted military readiness and those who faced removal now need to understand their rights and how they can legally proceed with the reinstatement process. [More]
Or in the words of Emily Litella:
I guess that’s one less concern for gun-owning servicemembers to worry about, but the questions that remain are “Why the sudden big turnaround?” and “Why haven’t there been screaming headlines and demands for answers?”
Oregon judge extends ban on new gun law’s background checks… [More]
And if you don’t think the “Charleston Loophole” is a “dangerous gap,” just ask Google!
He said lawyers for the federal government admitted in court to having at least 400 pages of “potentially responsive” documents but are now saying they can “neither confirm nor deny” whether the records exist. [More]
Consider that the default position.
Sutherland Springs shooting survivors say DOJ appeal damages gun safety laws [More]
$230M or political posturing… tough choice.
Remember what it took to get relevant records released?
Funny, how it’s just those who survived on luck — and not on getting a gun and stopping the maniac — that are most upset.
[Via Jess]
The Cuyahoga County case came after Delvonte Philpotts was indicted in 2017 on charges of rape, kidnapping and assault. Prosecutors later dropped those charges, but before they did, Cleveland police found pictures Philpotts posted to social media showing him standing outside his home with a pistol. Police got a search warrant, found the gun in Philpotts’ home, and arrested him for violating a state law banning people under indictment from having a firearm. [More]
“Four Republican judges,” eh?
From what I’ve been able to glean, and if there’s not more than one person with that rather unique name, Delvonte may not exactly be the poster child for unalienable rights. That said, if this can catch him up it can catch you and me up, and I want to know what my “pro-gun” state senator intends to do about it.
“Probable cause” for the search warrant also seems kind of hinky without knowing when the photo was taken and whether or not it was a replica firearm. And that said, leave self-incrimination on social media to the morons.
[Via JG]
They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars. [More]
These people take “Don’t talk to the police” to a whole new level.
[Via Michael G]
A Missouri judge has ruled that a pardon from the governor doesn’t mean the St. Louis lawyer and his wife who gained national attention for waving guns at racial injustice protesters in 2020 should get back the weapons they surrendered and fines they paid after guilty pleas last year. [More]
She just wishes she could do more.
[Via Jess]
The Petitioner who filed for the Extreme Risk Protection Order was the estranged boy friend of the Respondent who was a licensed gun owner in New York State … The Court also pointed out that there was a Family Court case also going on in which The Petitioner had an Order of Protection against him which among other things barred him from the home that they had shared. [More]
Sounds like it should have been called the Stalker Protection Act…
[Via Jess]
In this case, with people dying, there’s no question police were desperately needed elsewhere. But it’s in these times of disaster when people left to protect themselves are most justified in doing just that against predators. [More]
When seconds count, you’re on your own.
114 STILL ON HOLD [More]
While the legal wrangling is going on, recognition of “unalienable” rights is not.
Time was tyrannical outrages were properly regarded as Intolerable Acts.
A federal appeals court on Monday allowed New York to restrict the carrying of firearms on private property under a new law adopted in wake of a major U.S. Supreme Court ruling that expanded gun rights. [More]
Sack is a Clintonista and Wesley was appointed by Dubya, but Bianco was a Trump nominee.
We haven’t heard the last of this, but the first of it is ludicrous, offensive and intolerable.
[Via Jess]
State Department Publishes New Guidelines for Export Compliance Programs [and] ATF Revises the Form 4473 (5300.9) Firearms Transaction Record [More]
This should post to their “Alerts” page soon, and that’s the one you really ought to bookmark if you want expert analyses of industry legal and regulatory developments.
I joined Bill Frady yesterday to talk about the Secret Service/Hunter Biden affidavit and ATF wanting to destroy Gunwalker guns:
