Notes from the Resistance
In a ruling issued Thursday, the Spotsylvania Circuit Court denied a request for preliminary injunction in the Curtis v. Katz challenge to Virginia’s semiautomatic firearm/magazine ban. [More]
Even though the judge acknowledges “irreparable harm” to the Plaintiffs, he thinks more damage will be done if gun-banning Democrats don’t get their way.
The hearing has been held on Curtis v. Katz, the Virginia Constitution Article I, Section 13-based militia challenge to the “assault weapon” ban.
I’m not finding results yet on Google News search, but have been able to find case progress by going to VA Courts, selecting the Circuit Court Case Information link, picking Spotsylvania Circuit Court from the drop down menu, and entering CL26002454-00 in the Case Number field.
That really doesn’t tell us anything I haven’t written about, but there is a link for Case Documents that shows all the filings from May 19 through to today, which unfortunately don’t open up to show us the details.
There’s also a Reddit discussion that seems as up to date as anything.
I’ll keep looking and if you know anything please inform us via Comments, below.
I should know more for sure tomorrow, as I’ve been invited to a Zoom press call with the counsel of record and others at 1 Eastern.
IMPORTANT CORRECTION: THE COMPLAINT HAS BEEN FILED AS CURTIS V. KATZ (PREVIOUSLY SAID “HOLLOWAY.”) AMMOLAND HAS UPDATED MY REPORT AND I HAVE SENT NOTICE TO FIREARMS NEWS WITH AN ARTICLE UPDATE REQUEST.
I’m told there is the perception the hearing with Judge Glover, Spotsylvania County Circuit Court, went well and the expectation is he will issue a ruling tomorrow.
See:
“Plaintiffs challenge these prohibitions solely under the militia clause of Article I, Section 13 of the Constitution of Virginia. They do not rest their case on the Second Amendment to the United States Constitution, nor on the individual right to keep and bear arms also embodied in Article I, Section 13,” the complaint declares. “Their argument is simpler and more fundamental: the militia clause guarantees the existence of a ‘well regulated militia, composed of the body of the people, trained to arms.’” [More]
My Firearms News column elaborates on some case details not included in my Saturday AmmoLand exclusive.
GOA and GOF Petition the Virginia Supreme Court for a Preliminary Ruling on Virginia’s Looming “Assault Firearms” Ban [More]
In related news, SAF is throwing financial support behind another case first reported on by yours truly.
Simply put, as noted in the Statement of Facts, “The weapons banned by the act are the arms of the citizen militia.” [More]
While the other challenges are on hold, this unique complaint is still scheduled to be heard.
Important record correction
The Crump case also notes:
Plaintiffs do not bring any claim or seek any relief under the Second Amendment to the U.S. Constitution. Rather, they proceed only under Article I, Section 13 of the Constitution of Virginia.
The ban “is striking at the core of the militia system that existed in Virginia,” Mehaffey informed Fox News, showing he is one of the few public officials who “gets it,” or is at least willing to publicly acknowledge that reality. [More]
I know of some federal prosecutors who could follow suit — and are running out of excuses not to.
Why?
But the judge issued an order stopping everything. And here’s the kicker. He did it because of a move pulled by the anti-gun Attorney General Jay Jones. The state is using a rule called the Multiple Claimant Litigation Act. Because gun owners are fighting back in four different counties across Virginia, the attorney general petitioned the Virginia State Supreme Court to clump all four of those lawsuits together and move them to one single court. Most likely a court where they think a judge will side with the state. A la Richmond.
[Via Jess]
And when in the hands of the “Only Ones,” they identify as “patrol rifles.”
And everyone who believes in the Second Amendment should identify as a “commonsense gun safety law advocate.”
[Via LB]
That would be this Third World collectivist ingrate bent on turning the Founder’s Republic into the hellhole he escaped from…
Virginia state Sen. Saddam Azlan Salim (D) is telling prosecutors who say they will not enforce his “assault weapons” ban to quit “tough guy posturing.” [More]
What was I just talking about…?
What idiots some of our “gun rights leaders” are.
[Via bondmen]
If you have any questions regarding this guidance please contact [email protected]. [More]
I have some questions.
Do you accept ones that start with “Does your mother…”?
What did I say about if more took a stand?
And why am I thinking “Alice’s Restaurant“?
You know, if one person, just one person does it they may think he’s really sick, and they won’t take him. And if two people, two people do it—in harmony—they may think they’re both faggots and they won’t take either of ’em. And three people do it—three, can you imagine?—three people walking in, singing a bar of Alice’s Restaurant and walking out?—they may think it’s an organization. And can you—can you imagine fifty people a day—I said fifty people a day!—walkin’ in, singin’ a bar of Alice’s Restaurant and walking out. And friends, they may think it’s a movement!
[Via WiscoDave]
Marine vet prosecutor refuses to cross constitutional line on Spanberger ‘assault weapon’ ban – Commonwealth Attorney Ryan Mehaffey said the new Virginia gun ban ‘is striking at the core of the militia system’ [More]
What’s a Law repugnant to the Constitution, again…?
No Ted Olson, he…
This is a major beef I have with apologists for the administration making excuses that they have to defend the law. No, they don’t.
Now all we need is an actual militia system with a core. Anybody see any bills proposing that?
If more took this stand it would galvanize and spread.
The governor’s acknowledgment that the law covers common hunting models will likely be cited in Second Amendment challenges. If the law is not amended, she could prove the main witness against her own signed legislation. [More]
Yeah, I know… any chair in a bar fight.
Thing is, 2A isn’t about hunting and “common use” will come back to bite us.
So will special exemptions for Fudds.
[Via Michael G]
DOJ Tells Virginia ‘See You in Court’ After Latest Gun Ban – Virginia defined those guns as “assault firearms.” [More]
It doesn’t strike ruling Democrats that the official seal of the Commonwealth shows armed Virtue standing over a slain corpse, with the motto “Thus always to tyrants,” or that the fallen crown shows what the Founders had in mind by “No Kings”…?
[Via Michael G]
“The City has banned an arm in common use for lawful purposes by law-abiding citizens. Therefore, the Ordinance violates the Second Amendment.”
That’s not why the ban violates it. [More]
If something needs to be officially designated “popular” by government in order to be “legal,” we may as well start calling each other “Comrade.”
This means that of the three percent of U.S. homicides carried out with rifles, a portion might have been carried out with lever actions, another portion might have been carried out with bolt actions, another portion with pump actions, another with semiautomatics, and yet another with AR-15s, etc. [More]
Don’t worry. The grabbers want to ban handguns, too.
[Via bondmen]