GUNS SAVE LIFE WINS AGAIN: 2nd order striking down the Cook County Gun & Ammo tax… [More]
Why do I feel like Democrat are just going to change the deck and shuffle again, and never stop- until there’s a personal price to pay?
[Via Jess]
Category: Legal
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
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
- 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 Injured Party
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]
Great Expectations
Judge Declares Bump Stock Ban Unlawful, Orders ATF to Pay Attorney Fees
We’ll see how ATF responds to the order…to pay costs, and we’ll see if they start behaving any differently under the new administration. [More]
I just wish the costs came out of their pockets instead of the taxpayers’.
Legal-Eyed
Preparing the Counterstrike
It’s Not an ‘Either/Or’
The Second Amendment Cannot Override First Amendment Rights. [More]
No one but a gaslighting liar would suggest that it can.
And that door swings both ways.
The ignorance and paranoia these evil bastards are spreading has no legitimate claim on our rights.
[Via Jess]
Keeping Civil About It
The End of the ‘Rust’ Criminal Case Against Alec Baldwin May Unlock a Civil Lawsuit [More]
I wish I had the skills to swap a face.
[Via bondmen]
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]
We’re the Only Ones Searching Enough
Can the Police Make Me Open My Car Safe [More]
As we see every damn day, police can “make” you do practically anything they want, and unless it’s a situation where their overt criminal aggression is immediately life-threatening to necessitate self-defensive force, my intent will be to not resist, comply with orders to get out, put my hands behind my back, get on the ground, etc., to say and consent to nothing (beyond “Am I free to go?” and “I want to speak to legal counsel”), and to let my lawyer guide my actions afterward.
[Via Jess]
Survey Says…
Poll: 3/4 of American Voters Want Pro-2nd Amendment Judges Nominated at Federal Level [More]
Did someone finally ask people who know what they’re talking about?
[Via bondmen]
$h!+ Hits the Fani
An appeals court in Georgia has tossed Fulton County District Attorney Fani Willis off of her own case, a series of wild organized crime claims against President Trump based largely on his own expressions of his dissatisfaction with the process and results of the 2020 presidential election [More]
I can’t wait to see her, Letitia James, Alvin Bragg, Liz Cheney, and more get what’s coming to them.
We’re the Only Ones Hazardous Enough
Dallas Campbell walked into the police department in Hazard, Kentucky a free man, doing his best to keep a notoriously untrustworthy police agency (at least that’s what I learned watching the “Dukes of Hazard”) honest. Unfortunately, he left in handcuffs, the victim of a false arrest. But he had a small YouTube channel, and 12 days after he posted the video of his arrest, the Hazard Police Chief was fired. [More]
My immediate thought is all the clerk and sheriff had to do is let him know they would expedite it to legal to make sure they were compliant with the law and someone from there would contact Campbell about an appoinmtment within the timeframe allowed by law to review and ensure they would provide everything he was entitled to. If that wasn’t good enough for him I’d have called the city attorney,and let him speak with the man.
Making up and enforcing a recording prohibition edict pretty much shows if the top cop doesn’t know what the law is, he has no business with a badge and power.
What this reminds me of more than anything was my attempts over the years (through to Mike DeWine) to get Ohio AGs to ensure that all LE agencies gave training on the legality of open carry and document each officer understood. Talk about pulling teeth.
[Via Matthew L]
De-Authorized Journalists
Everett mayor wins $1.1M in defamation settlement, local paper agrees to shut down – Everett Mayor Carlo DeMaria alleged The Everett Leader Herald knowingly fabricated quotes and published false accusations against him. [More]
The guy’s a goddam gun-grabber and they gotta make stuff up about him? That’s gotta be a real Democrat dilemma, when you can’t go after him for what he’s really guilty of because you share that agenda.
[Via Edmund M]
Request to Expedite
The 2A Attorneys in Gray v. Jennings Delaware “assault weapon” ban litigation have filed a submission to SCOTUS as the three AR-15/Magazine ban cases continue their move through the Court’s consideration process. Mark Smith Four Boxes Diner discusses. [Watch]
That’s a counterpoint to this.
January sounds like the month we’ll learn either way if this and related cases will be considered/consolidated or punted again.
[Via Jess]
It Depends Upon What the Meaning of ‘Shall Not Be’ Is
The petition for a writ of certiorari should be denied. [More]
The state that inflicted Joe Biden onto the political scene says banning semiautomatic rifles and magazines doesn’t infringe on the right of the people to keep and bear arms.
Mark W. Smith ties it in with related cases SCOTUS is considering. And I continue to be suspicious of relying on “common use.”
[Via Jess]
