Tag: “assault weapons”

An Uncommon Question

I. There is a long-running and intractable dispute in the lower courts over whether the Second Amendment allows the government to ban arms that are in common use by law-abiding citizens. II. Heller clearly teaches that arms in common use by law-abiding citizens cannot be banned. III. This case is an ideal vehicle to resolve this dispute. [More]

What’s to stop “common use” from allowing future developments to be banned?

[Via Jess]

The Heckler’s Veto

It’s literally 99.9999 or something like that of the AR-15s in America will have no connection to a murder in any given year, in other words well over 99.9 % of the AR-15s in the United States will have no connection to criminality in the United States in any given year, so if you’re going to have the government ban the 99.99% of the AR-15s in the United States because of a few hundred bad apples misbehaving with AR-15s you have engaged in a violation of our constitutional rights known as the Heckler veto… [Watch]

Good points. It sounds like you could make a good case that of all the people who heard Donald Trump speak on Jan. 6, only a handful ignored his call to be peaceful and got rowdy to the point of striking out at others, and that shouldn’t abridge his First Amendment-protected rights.

As an aside, I know speaking is different thatn writing in terms of not being able to go back and edit remarks before they’re released, but I hope in the future he’s mindful to say “killed with” more and “killed by” less.

[Via Jess]

Wormtongues Gone Wild

Should this Court decline to grant certiorari to consider the constitutionality of Maryland’s assault weapons ban where (1) that ban is consistent with this Court’s recognition in District of Columbia v. Heller, 554 U.S. 570 (2008), that jurisdictions may ban “weapons that are most useful in military service—M-16 rifles and the like”; (2) the Fourth Circuit faithfully applied New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), to conclude that Maryland’s law is consistent with this Nation’s historical tradition of “regulating those weapons that were invented for offensive purposes and were ultimately proven to pose exceptional dangers to innocent civilians,” Pet. App. 69a; and (3) there is no need to resolve a conflict among the lower courts? [More]

Translation: Tyrannical Maryland Democrats want the Supreme Court to turn a blind eye to the state’s willingness to imprison and/or kill citizens for defying unconstitutional diktats and claiming their birthrights.

[Via Jess]

Preemptive Strike

Gun Owners of America (GOA) and Gun Owners Foundation (GOF), together with the Tennessee Firearms Association, today filed a lawsuit in Shelby County, Tennessee against the City of Memphis’ newly adopted gun control ordinances, which were passed by voters in direct opposition to the state’s robust preemption law. [More]

The city has real problems and the idiot Democrats in charge squander resources on diktats they know are illegal.

How is that not actionable malfeasance?

A public servant commits an offense who, with intent to obtain a benefit or to harm another, intentionally or knowingly:
(1) Commits an act relating to the public servant’s office or employment that constitutes an unauthorized exercise of official power;
(2) Commits an act under color of office or employment that exceeds the public servant’s official power;

It’s not enough to have to expend resources to kick these bastards’ crap back at them after months and years of court delays. Start making them personally accountable.

Why not follow up this preemptive strike with carpet bombing?

Oh, wait… the Bill Lee administration…

Stop Peeing in the Pool

Poisoning the Second Amendment Court Record [More]

Herschel observers that “arguing for semi-automatic firearms because they aren’t fully automatic firearms and thus not in military use is the wrong tactic.”

“But we have to do things in increments,” some will argue back.

He realizes that. It’s for when we get to the make-or-break increment we should be worried about.

It’s similar to fears I’ve expressed about how relying on “in common use at the time” is a trap.

Illinois Appeals District Court Harrel v. Raoul Ruling

Defendants Kwame Raoul, Attorney General of the State of Illinois, and Brendan F. Kelly, Director of the Illinois State Police (“State Defendants”), hereby appeal to the United States Court of Appeals for the Seventh Circuit from the Court’s order and final judgment dated November 8, 2024, in this case (Doc. 55), as well as three related cases (Barnett, et al. v. Raoul, et al., 3:23-cv209 Doc. 259; Federal Firearms Licensees of Illinois, et al. v. Pritzker, et al., 3:23-cv-215 Doc. 86; Langley, et al. v. Kelly, et al., 3:23-cv-192 Doc. 46). [More]

Of course they did. Tyrants don’t cede power unless there’s a credible “or else” attached to the demand, and besides, it’s not their money.

Credit Where Due

Today, Gun Owners of America (GOA) and Gun Owners Foundation (GOF) secured a permanent injunction against the State of Illinois’ poorly named Protect Illinois Communities Act. This law violates the Second Amendment and unconstitutionally bans many semi-automatic rifles, standard capacity magazines, and bump stocks, while instituting new registration requirements for gun owners. [More]

And there’s no link for this yet, but it just came in from SAF:

Am I reading these wrong?

We’ve done this before. Let’s not do it any more.

One Hell of a Way to Run a Republic

…we’re likely going to lose it because we’re in the US Court of Appeals for the Second Circuit but a strong showing for the Second Amendment in this case and I think it’s going to give rise to good stuff… before the United States Supreme Court in the Snope-Bianchi case hopefully coming out this spring… [Watch]

So, in order to get over the wall we need to climb over the bodies of our fallen…

[Via Jess]

Is This the One?

The Supreme Court is back in session as of Monday October 7th and they have a case before them in Snope v. Brown that could end all bans nationwide. This comes from a 4th circuit decision upholding the Maryland ban. [Watch]

There’s a huge difference between “could” and “will.”

Cross your fingers and wish for the best, but don’t invest all your hope.

[Via Jess]

Bizarrely Unconstitutional

Attorney General Labrador Leads 29-State Coalition Against Maryland’s Bizarrely Unconstitutional Gun Ban [More]

Changing the subject, there’s a case study to refute Vichycons for Harris here– Larry Hogan was a moderate lump. Yet Democrats paint him as ““recruited by extreme Republicans to run for the Senate.”

They’ll exploit the hell out of such useful idiots’ betrayals and then line them up by the limepit when they’re no longer useful.

[Via Jess]

A Key Point

Auto Key Card Case Appeal Says by ATF Standards Any AR-15 Could Be Considered a Machinegun [More]

Yeah, that’s the goal.

It’s also why some of us were arguing from the outset if anyone thought the bump stock ban was just about a stupid piece of plastic being a hill not worth dying on (meaning not even lifting a finger and disparaging those who did), they were missing the point.

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