Category: Legal

The Wrong Side of History

On Thursday, US District Judge Frank P. Geraci denied a request by gun-rights advocates to block enforcement of a New York law requiring ammunition sales to be handled by a licensed dealer and subject to a background check for the purchaser. He determined that the law fit within the country’s historical tradition of gun regulation… [More]

So bring back the Slave Codes while we’re at it. eh, Obama appointee?

Historical anachronisms like colonists requiring loyalty oaths from Catholics were rendered unconstitutional by the Establishment clause ratified by the Framers…

Anything to avoid “shall not be infringed” from these robed punks…

[Via Jess]

Something’s Gotta Give*

Supreme Court Review Sought to Challenge Firearm and Magazine Bans Citing Second Amendment [More]

With all the actions being filed, how can SCOTUS continue to leave what we all know the truth to be in legal limbo?

We’ll find our just as sure as we live

Something’s gotta give, something’s gotta give, something’s gotta give.

*

We’re the Only Ones Wrist-Slapped Enough

AMAZING! Judge Lets FBI Agent Off Easy After Stealing NFA Items From Evidence! [Watch]

So the only way people can find out about this is if they watch a specific YouTuber or subscribe to Bearing Arms?

Because the only reports on the Google News feed at this writing are all old, and I even gave it a day before posting this.

Guess it’s not newsworthy…

[Via Jess]

On Topic

OffTopic/
David, What’s with the Ohio AG not joining the other States in the lawsuit challenging the new rule against private sales? [More]

I won’t respond there, because a big thing with me is keeping things on topic (see “Comment H0use Rules” in sidebar). That’s why comment threads hijacked away from the conversation I’m inviting, or worse, devolving into childish squabbling, really grind my gears.

But it’s a good question, and Dave Yost hasn’t shied away from those before.

Where is Ohio?

Let’s ask him.

Lawsuit Against HOA Over Shooting Illustrates Deep-Pockets Blame Game

In other words, the plaintiffs know they have nothing of merit, so they’re throwing everything against the wall to see if anything sticks. [More]

In a just world, the case would be thrown out as frivolous, plaintiffs would pay defendant attorney fees and court costs, and the ambulance-chasing “civil rights” lawyer would be fined and threatened with disbarment if he ever pulled this crap again.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Plaintiffs bring this action seeking a stay of agency action, temporary restraining order, and/or a preliminary injunction to preserve the status quo, followed by a declaratory judgment and permanent injunctive relief restraining Defendants from enforcing a Final Rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Department of Justice on April 19, 2024, entitled “Definition of ‘Engaged in the Business’ as a Dealer in Firearms” (“Final Rule”), 89 Fed. Reg. 28968. [More]

This is good work:

COUNT 5 Second Amendment: Right to Keep and Bear Arms 193. All foregoing allegations are repeated and realleged as if fully set forth herein. 194. The Second Amendment provides that “[a] well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” 195. The text of the Second Amendment provides no qualifications or limitations constraining who may exercise the right or for what purpose the right may be exercised. Accordingly, the Second Amendment presumptively protects all Americans and all lawful purposes. 196. ATF failed “to justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation.” N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1, 17 (2022). Nor can ATF justify its regulation because there is no early American tradition of requiring licensure of gun sellers

Plenty of pundits will be giving you their read on this. Why not read it for yourself?

[Via Len Savage]

Conference Call

Two Second Amendment Foundation cases challenging bans on so-called “assault weapons” and magazine capacity—one in Illinois and the other in Maryland—are among five cases distributed Tuesday by the U.S. Supreme Court for conference May 16. [More]

2A defenders are doing a full court press on behalf of all of us.

Lips are Sealed

Blackhawk Manufacturing Group, Inc. (dba 80 Percent Arms) Settles Legal Dispute With California, Upholding Customer Privacy and Second Amendment Rights … Our refusal to disclose customer data, even in the face of substantial legal costs to keep customer data private, underscores our dedication to privacy. [More]

Good on them.

That’s been a real concern with some of these actions.

[Via Jess]

The Time is Ripe

SAF files brief with Supreme Court in challenge to Illinois semi-auto ban… “Given the ongoing resistance to the core reasoning of Heller and Bruen, (we) respectfully submit that the existence of so many other similar cases cuts in favor of granting certiorari now,” the brief states. [More]

If not now, when?

What’s that saying about a right delayed…?

That is the Question

HUGE SCOTUS ARGUMENT: WILL THE SUPREME COURT DISMISS ALL ANTI-TRUMP FEDERAL CHARGES? [Watch]

And will they overturn convictions that arise from corrupt state lawfare…?

[Via Jess]

Related UPDATE

NEW: Thanks to order by Judge Cannon, key evidence related to classified docs case is now unredacted. On the left: What DOJ/Jack Smith wanted to conceal. On the right: Now we know why. More proof of collaboration btw Biden White House and NARA to concoct a case. [More]

More like “collusion”…

[Via Len Savage]

We’re the Only Ones Calumniating Enough

At that hearing, a law officer “falsely told the judge that ATF had been watching Mr. Wilson for 13 months and then listed dates the ATF falsely claimed he sold drugs. The agent also falsely told the judge that the Government had Mr. Wilson on tape committing these crimes,” the lawsuit said. [More]

We know Wilson’s name. How come we don’t know the name of the incompetent badged thug, and what’s going to happen with him?

Why only civil charges for kidnapping/hostage-taking? And why wouldn’t a citizen have the right to use all necessary force to protect himself and stop them?

[Via Jess]

One Down…

“Rust” armorer Hannah Gutierrez-Reed has been sentenced to 18 months in prison after being found guilty of involuntary manslaughter last month in the 2021 shooting death of Halyna Hutchins. [More]

Time for a new career since “prohibited persons” can’t touch guns on movie sets. Just ask Pokey Poke.

Now, what about the “gun safety advocate”?

[Via Jess]

Running Interference…

Received via email:

MoveOn has raised almost enough to launch our ambitious plan to take over the front page of The Washington Post with hard-hitting ads calling on Supreme Court Justice Clarence Thomas to recuse himself from a case that could determine whether Donald Trump can be criminally prosecuted for his crimes.

Aren’t there obstruction/interference laws against this?

On the plus side, it’s not like throwing $ at WaPo is going to change any minds…

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