Revised to update case name, defendants and plaintiffs, and added notice at start about injunction being denied/current case status. [More]
Tag: “assault weapons”
Getting Warmer…
The US Supreme Court decision in Hemani offers great support to the 2A challenges to Virginia gun ban laws. [Watch]
He’s right when he observes “shall not be infringed” must be viewed and argued in the context of what The Framers would have considered to be infringements when it comes to “dangerous and unusual.”
I’d like to see him acknowledge that “in common use at the time” needs to include arms that standing army soldiers deploy with, not just what’s commercially popular, because otherwise, the machinegun ban will continue and any new developments in arms technology will be withheld from We the People.
And the bottom line is, prohibition does not work in a society that has rights, and you need to amp up the totalitarianism to where it does. If someone can’t be trusted with a gun…
[Via Jess]
Curtis v. Katz Media Update
The question on everyoneâs mind: Will the case be appealed? They have 15 days. He would like to and will give the matter serious consideration. [More]
I’ve updated “Judge Rules Against Injunction in Militia Challenge to VA Gun Ban” with a synopsis and transcript of yesterday’s Zoom meeting.
Judge Rules Against Injunction in Militia Challenge to VA Gun Ban
In a ruling issued Thursday, the Spotsylvania Circuit Court denied a request for preliminary injunction in the Curtis v. Katz challenge to Virginiaâs 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 Case We’re Waiting For
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.
Curtis v. Katz Update
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:
Hearing Scheduled for Militia-Based Challenge to VA âAssault Weapon’ Ban
âPlaintiffs 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,â the complaint declares. âTheir argument is simpler and more fundamental: the militia clause guarantees the existence of a âwell regulated militia, composed of the body of the people, trained to arms.ââ [More]
My Firearms News column elaborates on some case details not included in my Saturday AmmoLand exclusive.
Try, Try Again
GOA and GOF Petition the Virginia Supreme Court for a Preliminary Ruling on Virginiaâs Looming âAssault Firearmsâ Ban [More]
In related news, SAF is throwing financial support behind another case first reported on by yours truly.
Holloway v. Katz: Virginia Gun Ban Lawsuit Argues Banned Arms Are Militia Arms
Simply put, as noted in the Statement of Facts, âThe weapons banned by the act are the arms of the citizen militia.â [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.
Virginia Prosecutors Defy New ‘Assault Weapons’ Ban
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 âgets it,â 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.
A Right Delayed
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]
Of Course You Realize This Means War
Identity Politics
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]
Enemy Foreign and Domestic
That would be this Third World collectivist ingrate bent on turning the Founder’s Republic into the hellhole he escaped from…
Immigrant Orders Militia to Surrender Arms, Or Else
Virginia state Sen. Saddam Azlan Salim (D) is telling prosecutors who say they will not enforce his âassault weaponsâ ban to quit âtough guy posturing.â [More]
What was I just talking about…?
What idiots some of our “gun rights leaders” are.
[Via bondmen]
Define ‘Assault Weapon’
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…”?
The Rebellion Spreads
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 itâin harmonyâthey may think they’re both faggots and they won’t take either of ’em. And three people do itâthree, can you imagine?âthree people walking in, singing a bar of Alice’s Restaurant and walking out?âthey may think it’s an organization. And can youâcan you imagine fifty people a dayâI said fifty people a day!âwalkin’ in, singin’ a bar of Alice’s Restaurant and walking out. And friends, they may think it’s a movement!
[Via WiscoDave]
A Line in the Sand
Marine vet prosecutor refuses to cross constitutional line on Spanberger âassault 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.
With Support Like This…
Collateral Damage
The governorâs 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]