Category: Legal

Sister Act

Man in ‘Scream’ costume fatally attacked neighbor with chainsaw, knife, paperwork says… In the report, police said they interviewed Moyer’s sister, who told them Moyer had been talking about killing Whitehead a week before the crime. [More]

What would you want to do if your loved one was killed and it turned out the perp’s family knew of the plot and did nothing to warn anyone?

How about at least some aiding and abetting charges?

[Via Steve T]

Youth Must Be Served

The US Court of Appeals for the Third Circuot denied a request for rehearing En Banc in the Lara v. Pennsylvania case involving young adults and the second amendment. Mark Smith Four Boxes Diner explains the big 2A win! [Watch]

Here’s the case.

Of COURSE RKBA applies to 18-10-year-olds. Try 17.

Of COURSE 1791 is the relevant time period. Some of us have been arguing that for decades. But it’s no surprise lying prohibitionists once more favor applying the racist Black Codes of their Democrat forbears to all.

And of COURSE Judge Krause, with her “In today’s America, by contrast—where firearms include automatic assault rifles” line of “reasoning” is a propaganda-spewing idiot apparatchik.

[Via Jess]

Related UPDATE

SAF weighs in.

Not the Only One?

“I said [at the press conference] if you shoot accurately, and you kill the guy, you save taxpayers money. And I also said that if somebody gets killed during a home invasion, the odds of them re-offending are zero. And we like those odds, which we do,” he told Fox News Digital. [More]

Still, even if you live in Santa Rosa County, the sheriff’s public sentiments notwithstanding, remember one thing when his deputies respond.

[Via Jess]

Speaking of Text, History, and Tradition…

A federal appeals court upheld court orders prohibiting two criminal defendants from possessing firearms while awaiting trial. [More]

Not that such prohibitions work…

If people are going to cite Bruen to demand historical context, I’d be interested in whether or not bail for those who “would pose an unusual danger, beyond the ordinary citizen, to themselves or others” was widely practiced in the Founding era, under what conditions, and if denying it to the really heinous ones was alleviated by the right to a “speedy trial.”

Virginia’s “But if a crime be punishable by life or limb, or if it be manslaughter and there be good cause to believe the party guilty thereof, he shall not be admitted to bail” strikes me as consistent with another law I keep prattling on about, and raises another question: What was the average length of time from arrest to trial to the gallows for the bad ones?

[Via Dan Gifford]

We’re the Only Ones Unincarcerated Enough

No jail time for former East Cleveland police chief guilty of felony charge [More]

Hey, it’s not like they wouldn’t offer you and me the same deal if we faced 24 charges of “financial crimes including collecting and failing to remit sales tax, passing bad checks, theft in office, and money laundering.”

Right?

Lest Ye Be Judged

Just what we need for the already subversive Seventh Circuit…

How this not an admission of malpractice meriting — hell, demanding — a bar complaint?

First Hurdle Cleared

House Bill 24-1292, otherwise known as the “Assault Weapons Ban” passed the House Judiciary Committee on a vote of 7-3 early this morning, March 20th at 12:18 am. It will now go to the floor of the House for debate among the entire chamber. The battle against this horrible bill is far from over. [More]

And then the rest of the process to enactment, and then the lawsuits, and then the appeals, and…

When is SCOTUS going to put a stop to this nonsense?

Or will Republicans blow it and Democrats put a stop to SCOTUS?

[Via cydl]

Let’s Go, Brandon!

Chicago Announces First-of-Its-Kind Lawsuit Seeking to Hold Glock Accountable for Manufacturing and Selling Pistols That Can Easily Be Turned into Machine Guns Using ‘Glock Switches’ [More]

They’re never gonna stop, are they?

But the city wants “machineguns” for its “Only Ones”? So is Glock going to continue selling them guns?

[Via Jess]

We’re the Only Ones Goony Enough

Hunter Elward, 31, was sentenced to about 20 years in prison, while Jeffrey Middleton, the leader of the so-called “Goon Squad” that abused the men, was given a 17.5-year prison sentence. Four other former law enforcement officers who admitted to torturing Michael Corey Jenkins and Eddie Terrell Parker are set to be sentenced later this week. [More]

So, then… just “a few bad apples“…?

[Via Jess]

News in Brief

GOA Petition to SCOTUS for Writ of Certiorari Against Illinois Categorical Ban on AR-15s… Friends of The Captain’s Journal Stephen Stamboulieh and Oliver Krawczyk wrote this brief, along with Rob Olson. A better constructed and more direct and honest one you will never find. [More]

This covers some essential points that can’t be raised enough. I intend to write an article soon explaining why.

Not Over by a Long Shot

The city of Gary, Indiana’s long-running lawsuit against major firearm manufacturers has been shot down by Indiana Gov. Eric Holcomb, just a few days after the legislature gave its final stamp of approval to a bill that prohibits any cities or other political subdivisions from suing a firearm or ammunition manufacturer, trade association, seller, or dealer over the design, manufacture, importing or exporting, distribution, advertising, marketing, sale; or criminal, unlawful, or unintentional use of their products. [More]

Lawsuit challenging this in 3…2…1…

[Via Jess]

The Tip of the Iceberg

But Bellows, who was elected in 2022, cited a 2008 U.S. Supreme Court ruling that there is a “strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.”… Bellows also ruled the prosecutors did not present evidence of a historical tradition of disarming felons after the Second Amendment was ratified in 1791. [More]

There oughta be a law!

Bruen terrifies the Deep State Swamp. What other areas of “law” would fail its test?

[Via Jesse J]

Democrat AG Ellison Continues War on Legal Gun Sales with Complaint Against Fleet Farm

And his excuse for going after Fleet Farm is that its retail employees can’t do the impossible and read the hearts and minds of customers, and that it is therefore responsible for not just their criminal actions, but for the subsequent actions of those they deal with. [More]

A commie gun-grabber commits lawfare against a deep pockets victim because he can. Just like the Founders intended, right?

Warning Shot

A Clark County man was entitled to argue self-defense when he intentionally shot toward a person, and was not required to show he intended to kill or harm the man who threatened him, the Supreme Court of Ohio ruled today. [More]

While I don’t recommend warning shots, there’s no one-size-fits-all, it worked, and no one was hurt or killed. If history, text, and tradition are the new standards, there’s gotta be a place for “shot across the bow.”

Inducing someone you don’t know to “back off” seems a perfectly legitimate reason for self defense, especially considering what could have happened.

It’s interesting that the three judges against the self-defense claim were Republicans, with three Democrats and one Republican ruling in the citizen’s favor.

[Via JG]

One Step Forward…

The Second Amendment Foundation has been granted summary judgement in a federal challenge of California’s One-Gun-A-Month (OGM) purchase law. U.S. District Judge William Q. Hayes stayed his decision for 30 days for the defendants to facilitate an appeal. [More]

And thumbing noses at Bruen will drag on and on and on with the hopes that Republicans blow the election and Democrats can reshape SCOTUS to reverse it.

And here’s the thing:

The Supreme Court has no power to enforce its decisions. It cannot call out the troops or compel Congress or the president to obey. The Court relies on the executive and legislative branches to carry out its rulings. In some cases, the Supreme Court has been unable to enforce its rulings.

I’d need a lawyer to weigh in on whether they could charge inferior court judges with contempt for disregarding their rulings, and they’d still be dependent on the other branches. I fear the only “legal” remedy is impeachment, for which Republicans have neither the power nor the appetite.

So now we have to see what Hayes says in a month, and then see who initiates an appeal, then lather, rinse, repeat.

Judicial Gamesmanship

The analogy of undocumented immigrants to British loyalists is interesting. If a law-abiding, former enemy of the state could possess a firearm, an undocumented, but otherwise law-abiding, immigrant seems less extreme in comparison. [More]

He’s not “otherwise law-abiding.” He is an invader in possession during the commission of a crime.

The Obama judge is doing this on purpose to undermine Bruen.

[Via Jess]

Long Walks On the Beach and TROs

Restraining Order Based on Unwanted Online Contact Upheld, but Weapons Restriction Struck Down [More]

Since when is any conflict not made better by adding “Only Ones” into the mix?

It actually sounds like they both deserve each other, but the legal hurdles, penalties, and expenses raise a question as to just how far “the law” could go, depending on the jurisdiction.

Paved with Good Intentions

The brief recalls how Congress enacted the Gun Control Act of 1968 pursuant to the Commerce Clause with no intention of discouraging or eliminating the private ownership or use of firearms by law-abiding citizens for lawful purposes. [More]

That’s not how the bill’s author felt:

ALL “gun control” is just another incremental step to the end goal– citizen disarmament. We don’t do ourselves any favors by believing otherwise and arguing that in court.

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