Category: Legal

Unsuppressing Suppressors

WHEREFORE, Plaintiffs request that judgment be entered in their favor and against Defendants as follows: 1. An order preliminarily and permanently enjoining Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction, from enforcing 720 ILCS 5/24-1(a)(6) and any other applicable law which prohibits Plaintiffs from owning and banning the acquisition, possession, carrying or use of suppressors; 2. An order declaring that 720 ILCS 5/24-1(a)(6) and any other applicable law which prohibits Plaintiffs from owning suppressors is unconstitutional and violates the Second Amendment to the United States Constitution; 3. An order declaring 720 ILCS 5/24-1(a)(6) and any other applicable law which prohibits plaintiffs from owning suppressors unenforceable… [More]

Stamboulish and Beck, naturally…

[Via Jess]

Who’s Really Being Raped Here?

“Trump’s false, insulting, and defamatory October 12 statement about Carroll—and his actual malice in making that statement—is fully consistent with his tried-and-true playbook for responding to credible public reports that he sexually assaulted women,” the lawsuit said. [More]

So you don’t need to prove someone actually committed the crime he’s being accused of anymore?

And remember: Believe women!

Title Case

“Property owners indeed have the right to exclude. But the state may not unilaterally exercise that right and, thereby, interfere with the Second Amendment rights of law-abiding citizens who seek to carry for self-defense outside of their own homes.” [More]

If you don’t want me there, put up a sign. It’s not the government’s job to absolve you of accountability, and I’ll be happy to let you be the attractant.

UPDATE

Attorney Mark W. Smith calls this “major.” [Watch]

[Via Jess]

Also from SAF

SAF FILES BRIEF SUPPORTING MOTION FOR INJUNCTION AGAINST DELAWARE HB 450

A Common Factor

The Second Amendment Foundation today filed a federal lawsuit challenging the constitutionality of Delaware’s recently-adopted ban on so-called “assault weapons” on the grounds the legislation—known as House Bill 450—violates the Second Amendment. [More]

Show me a “commonsense gun safety” bill that doesn’t.

A Law Unto Himself

A federal judge has just blocked the Title 42 policy to expel illegals on the basis of public health. [More]

The “nonpartisan” apparatchik, nominated by Bill Clinton, reported by Joe Biden, and confirmed by voice vote, once more earns his keep.

Not that anyone so unaccountable by design is interested in what you have to say:

Information, communications, and documents other than internship applications submitted to Judge_Sullivan_internships@dcd.uscourts.gov will be discarded.

[Via Michael G]

We’re the Only Ones Humorless Enough

A Louisiana man is fighting in court for the First Amendment right to express satire after he made a joke about COVID-19, and was arrested by a sheriff’s armed SWAT team that confronted him with guns drawn. [More]

Talk about deprivation of rights under color of authority…

The only thing they’re laughing about is their qualified immunity.

The Texas Chainsaw Massacre

And after engaging with this Nation’s tradition of firearm regulations several times already, the Court’s unanswered question is whether Bruen demands lower courts manicure the Second Amendment’s landscape by scalpel or chainsaw….As a result, the Court holds that § 922(g)(8) is unconstitutional under Bruen’s framework. It is therefore ORDERED that Defendant’s Motion to Dismiss Indictment be GRANTED. [More]

This…

Read the opinion. Wow!

Expect a challenge from Team Tyranny, because otherwise, their whole damn Gordian knot will unravel.

[Via Jess]

Speaking of ‘Every Terrible Implement’…

Large-capacity magazines are not “arms” protected by the Second Amendment because they are not essential to the use of firearms… Additionally, large-capacity magazines are not protected “arms” because they are not commonly used for self-defense. [More]

Since that directly follows an “Overview of Bruen’s text-and-history standard for analyzing Second Amendment claims,” I wonder what Tench would say to that…?

Legal weasel Rob Bonta proves the point that if you limit arguments to “self-defense” and ignore core purpose, you’re not using every means at your disposal.

[Via Jess]

Just Do What Hunter Did: Lie

A Judge Accepts the Biden Administration’s Dubious Argument for Banning Gun Possession by Marijuana Users: Even People Who Use Cannabis for Medical Purposes Risk Severe Penalties for Daring to Exercise Their Second Amendment Rights [More]

But if you’re the president’s son and smoke crack with hookers…

It’s a big club and you ain’t in it.

[Via Dan Gifford]

Too Little Too Late?

The new amendment reads, “The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.” [More]

I thought the Bruen standard did away with means-end scrutiny and deferred to a “historical understanding”…?

[Via Michael G]

Disorder in the Court?

A divided U.S. appeals court on Monday upheld the dismissal of a lawsuit against Remington Arms over a trigger defect in one of its rifles that allegedly led to the accidental shooting death in 2011 of an 11-year-old boy by his 15-year-old brother in Mississippi. [More]

Yeah, I know, all guns are always loaded, and never point one at anything you’re not willing to destroy, but if the trigger really was defective and the gun really was prone to firing spontaneously, this sounds like they won one they should have lost and surrendered one they should have won.

I don’t know how you can have a ‘three-year clock” involving a homicide

[Via Jess]

Lies From Operation Fast and Furious ‘Gunwalking’ Resurrected in Mexican Lawsuit

(Leon Rafael photo / Shutterstock)

Unfortunately, or more likely as planned, the answer to keeping U.S. arms from being smuggled across the border into Mexico is something those screaming the loudest for citizen disarmament and against an uncontrolled northward flow of drugs and illegal aliens don’t want to hear about: Control the damn border. [More]

There is no new thing under the sun and the more things change the more they stay the same. Hey, it’s not like a low-information public deliberately being kept that way will recognize old lies being dusted off and reintroduced as “truths”.

A Matter of Priorities

A gang that preys on gay men at Hell’s Kitchen nightclubs is suspected of killing at least two victims and of drugging and robbing more than a dozen other men — but Manhattan District Attorney Alvin Bragg’s office is impeding the investigation, law enforcement sources say. [More]

I trust no one expects him to choose between which group it’s more politically advantageous for Democrats to pander to or ignore…

[Via Michael G]

Do-Over

[Decision]

Here’s the background:

Morin v. Lyver is a follow-up challenge to the lifetime ban on the issuance of a License to Carry to anyone conviction of a minor, non-violent misdemeanor if the offense involves a weapon or ammunition and where a term of imprisonment may be imposed… Dr. Morin has since applied for and was issued a Firearms Identification Card. However, his application for a Permit to Purchase was denied.

You can have the card but you can’t have the gun? Some Masshole government POS decided that? Really?

[Via Jess]

What Kind of Question is THAT?

Was the defendant entitled to a jury charge on self-defense based on his own testimony that he believed his use of force was necessary to protect himself? [More]

Only if courts are meant to determine the truth of guilt or innocence.

That the State argued “No” hardly seems a Blessings of Liberty” move…

[Via Michael G]

Verified by MonsterInsights