SAF FILES AMICUS IN KNIFE RIGHTS CASE CHALLENGING CA’S BAN ON SWITCHBLADES [More]
The principles of spring-loaded blades were understood in the mid-18th Century, so of course, Bruen applies.
Spring in Action
Tag: Bruen
Bloomberg Funded Site Argues Gun Control Part of 2nd Amendment History and Tradition
Unable to refute reality, what’s a gun prohibitionist to do but try and confuse the issue? [More]
So what if the Founders never envisioned the “boyfriend loophole”? If you can have a “living Constitution,” why not a “living Second Amendment.”
The Right Track
Second Amendment Roundup: Bruen Was Right [More]
Now what can SCOTUS do about the “inferior courts” thumbing their noses at it, and what can DOJ do about states?
That said, why all the emphasis on “common use“?
Imagine if Founding Era understanding were applied to other areas of law.
[Via Michael G]
An Age-Old Question
Analysis: History Shows Americans Under 21 Could Buy Guns at the Founding [More]
Alan Beck gives the details on what only gun-grabbers, Democrats and activist judges refuse to admit.
We’ve addressed what the Founders thought of armed children (and armed felons) before.
[Via Jess]
Just Like the Founders Would Have Approved
HB 3075, the bill to implement the gun bans in Mz 114 has been scheduled for a hearing on March 17. [More]
What’s the point of having the Supreme Court’s Bruen decision if states can ignore it with impunity?
A Crack in the Dam
Speaking of History, Text, and Tradition…
Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) have filed an important new lawsuit challenging federal laws prohibiting licensed firearm dealers from selling handguns to out-of-state buyers. [More]
So when I read an authoritative historical article asserting “most of the early American rifles and pistols came from Eastern Pennsylvania,” why does it say nothing about out-of-colony buyers (and more)?
Step By Step
Vanderstok Case: SCOTUS Showdown Could Pave the Way for an ATF Ban on Semi-Autos [More]
What he said.
But what about Bruen?
Yeah, That Too
Court Rules Federal Machinegun Law Cannot Be Justified under Bruen [More]
It can’t be justified under the Second Amendment.
It can’t be justified under delegated Constitutional powers.
It can’t be justified.
Just Like the Framers Intended
For places that are newer, Defendants must point to regulations that are analogous to the regulations cited by the Supreme Court, taking into account that it is illogical to expect a government to regulate a place before it existed in its modern form. [More]
So, any building, parcel, street, city, territory, or state developed after ratification…?
What other articles in the Bill of Rights does this apply to?
Hang On for the Ride of Your Life
Judge rules Illinois ban on concealed carry on public transit unconstitutional [More]
Not that it will affect these guys…
Expect this trip to be a long one, with plenty of attempts to derail the train and throw gun owners under the bus.
[Via Jess]
A Good First Step
Today, Firearms Policy Coalition (FPC) announced that Federal District Court Judge Iain D. Johnston has declared the State of Illinois’ ban on carrying firearms on public transportation and in public transportation facilities unconstitutional as applied to the named plaintiffs in the FPC-supported lawsuit Schoenthal v. Raoul. [More]
Good. But don’t overlook “The State is expected to appeal the decision.”
[Via Jess]
The Wrong Question
The state’s license-to-carry statute violates the Second Amendment by not providing objective standards for local police chiefs to exercise their authority to deny a gun owner’s application for a permit based on a finding of “dangerousness,” a Holyoke District Court judge has held. [More]
Yeah, OK, fine.
Now tell us where that “authority” for “permits” comes from.
Mr. Pynchon, you’re up.
[Via Jess]
Whatever the Case May Be
In the wake of the landmark Supreme Court decision in Bruen v. United States… [More]
As a side note, I hate these MSN click bait slide shows and generally won’t link to them if I can get the story elsewhere. Advertisers ought to realize people forced to click if they want the next information morsel don’t even look at their spots.
Think of It as Good Old-Fashioned Bench Electioneering
US Supreme Court Justice Sonia Sotomayor declined to put on hold a New York City licensing rule requiring prospective gun owners to show good moral character to own a firearm. In rejecting a stay request on Thursday relating to a district court order that’s being appealed, Sotomayor turned away yet another bid to prohibit government officials from enforcing their laws while being challenged in court. [More]
Sounds to me like she’s campaigning to keep her seat.
Related UPDATE
[Via Jess]
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]
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
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]
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]
Bruen terrifies the Deep State Swamp. What other areas of “law” would fail its test?
[Via Jesse J]
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.
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]
