Tag: Bruen

Stay Tuned

Accordingly, upon due consideration, it is hereby ORDERED that the motion for a stay pending appeal is GRANTED and … Appellees’ motion to expedite the resolution of the matter is GRANTED. [More]

So the infringements will continue but we’ll hurry up about making a decision?

Here’s the original Antonyuk v. Hochul complaint for those unfamiliar with the case. Just to give you an idea of how full of sh… uh… beans the other side is, check out this bit of lying, hoplophobic hysteria from Brady president Kris Brown:

New Yorkers, like all Americans, do not want their supermarkets, public squares, and child care centers turned into bullet-riddled crime scenes.

Where haven’t lawful concealed carriers done that?

Showing a Little Restraint

Today, Gun Owners of America (GOA) and Gun Owners Foundation (GOF) secured a Temporary Restraining Order (TRO) in state court, preventing the entire new Oregon gun control law from being enforced. Signed by Judge Robert S. Raschio, the order bars the state from implementing any portion of the law until a hearing is held on a request for a preliminary injunction next Tuesday. [More]

I guess it all depends on the judge…

UPDATE

Oregon Firearms Federation weighs in.

Forget It, Jake. It’s Illinois.

Illinois Dems Introduce Gun Control Bill Targeting Assault Weapons, Age Restrictions [More]

My bet is it passes and then we’re in for years of challenges based on the Bruen standard. Then all the Republicans need to do is blow everything so the Democrats can restack SCOTUS and go for a reversal.

Any takers?

[Via Jess]

Unsuppressing Suppressors

WHEREFORE, Plaintiffs request that judgment be entered in their favor and against Defendants as follows: 1. An order preliminarily and permanently enjoining Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction, from enforcing 720 ILCS 5/24-1(a)(6) and any other applicable law which prohibits Plaintiffs from owning and banning the acquisition, possession, carrying or use of suppressors; 2. An order declaring that 720 ILCS 5/24-1(a)(6) and any other applicable law which prohibits Plaintiffs from owning suppressors is unconstitutional and violates the Second Amendment to the United States Constitution; 3. An order declaring 720 ILCS 5/24-1(a)(6) and any other applicable law which prohibits plaintiffs from owning suppressors unenforceable… [More]

Stamboulish and Beck, naturally…

[Via Jess]

Title Case

“Property owners indeed have the right to exclude. But the state may not unilaterally exercise that right and, thereby, interfere with the Second Amendment rights of law-abiding citizens who seek to carry for self-defense outside of their own homes.” [More]

If you don’t want me there, put up a sign. It’s not the government’s job to absolve you of accountability, and I’ll be happy to let you be the attractant.

UPDATE

Attorney Mark W. Smith calls this “major.” [Watch]

[Via Jess]

Also from SAF

SAF FILES BRIEF SUPPORTING MOTION FOR INJUNCTION AGAINST DELAWARE HB 450

And Then They Came and They Came

More Than Two Dozen Gun Control Measures Prefiled for 2023 Session of the Texas Legislature [More]

None of them pass the Bruen “historical understanding” benchmark, but that doesn’t matter to the antis, who will never stop because they have the resources and media support to keep coming and coming and coming…

[Via Jess]

The Texas Chainsaw Massacre

And after engaging with this Nation’s tradition of firearm regulations several times already, the Court’s unanswered question is whether Bruen demands lower courts manicure the Second Amendment’s landscape by scalpel or chainsaw….As a result, the Court holds that § 922(g)(8) is unconstitutional under Bruen’s framework. It is therefore ORDERED that Defendant’s Motion to Dismiss Indictment be GRANTED. [More]

This…

Read the opinion. Wow!

Expect a challenge from Team Tyranny, because otherwise, their whole damn Gordian knot will unravel.

[Via Jess]

Speaking of ‘Every Terrible Implement’…

Large-capacity magazines are not “arms” protected by the Second Amendment because they are not essential to the use of firearms… Additionally, large-capacity magazines are not protected “arms” because they are not commonly used for self-defense. [More]

Since that directly follows an “Overview of Bruen’s text-and-history standard for analyzing Second Amendment claims,” I wonder what Tench would say to that…?

Legal weasel Rob Bonta proves the point that if you limit arguments to “self-defense” and ignore core purpose, you’re not using every means at your disposal.

[Via Jess]

Too Little Too Late?

The new amendment reads, “The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.” [More]

I thought the Bruen standard did away with means-end scrutiny and deferred to a “historical understanding”…?

[Via Michael G]

Do-Over

[Decision]

Here’s the background:

Morin v. Lyver is a follow-up challenge to the lifetime ban on the issuance of a License to Carry to anyone conviction of a minor, non-violent misdemeanor if the offense involves a weapon or ammunition and where a term of imprisonment may be imposed… Dr. Morin has since applied for and was issued a Firearms Identification Card. However, his application for a Permit to Purchase was denied.

You can have the card but you can’t have the gun? Some Masshole government POS decided that? Really?

[Via Jess]

Democrat Judge Supports Bringing Back Slave Codes

Last Thursday, Judge Carlton Reeves of the Southern District of Mississippi charted a different course: He proposed appointing a historian to help him “identify and sift through authoritative sources on founding-era firearms restrictions” to decide the constitutionality of a federal law barring felons from possessing firearms. [More]

And not just felons!

The perception that free blacks were sympathetic to the plight of their enslaved brothers, and the dangerous example that “a Negro could be free” also caused the slave states to pass laws designed to disarm all blacks, both slave and free.

Who does the Obama appointment have in mind? Carl Bogus and Michael Bellesiles?

Figures the anti-gun fascists at Slate are all giddy over this.

Hey, at least Reeves isn’t starting the clock at the Fourteenth Amendment.

[Via Remarks]

Desperation Move

In papers filed with the 4th Circuit Thursday, Frost said several states restricted bowie knives between those years due to the “uniquely harmful damage” they could inflict on the human body. [More]

“Restricted” past tense…? And how many of those laws were challenged and upheld by the Supreme Court?

Weapons of war are our birthright, Frosh. You know that.

Which makes questioning your character and loyalties more than fair game.

[Via Jess]

You’re in Good Iron Fists

Gun owners in the nation’s 10th largest city who disobey a requirement to carry liability insurance and pay a yearly fee will have to fork over up to $1,000 in fines as part of San Jose’s unique and controversial push to combat gun violence — a novel legislative approach that has triggered a challenge in federal court and has 2nd Amendment supporters up in arms. [More]

It’s not so novel– as with all “progressive” ideas, we’ve seen comparable tyrannical outrages like poll taxes and gun registration abuses before.

Licky Licardo & Co. just put a new mask on it.

Do they even have who the lucre goes to worked out yet? I want to start a pool on how many years it will take for whoever runs it to be exposed for embezzlement.

Actually, it will probably never get that far because it is so clearly unconstitutional and in violation of Bruen’s “historical understanding.” This is just protracted harassment and delaying tactics by official subversives who can spend all the plunder they want on drawn-out legal challenges and appeals, knowing that to fight it, their opponents will need to dig into limited and stretched-out financial resources.

[Via Jess]

We’re the Only Ones Hunting in Packs Enough

Swampscott Resident Surrounded by 9 Coyotes, Rescued by Police… Police suggest bringing homemade noisemakers, a small air horn, squirt guns or pepper spray while walking your dog. They also stressed that it is important not to run away from a coyote. [More]

That’s because thanks to Massachusetts Democrats, you need special police permission to carry something that will actually work, and Bruen notwithstanding, don’t expect that to change overnight.

[Via Remarks]

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