Tag: Bruen

Unconstitutional, But What the Hell…

DECISION AND ORDER that Plaintiffs’ Complaint (Dkt. No. 1 ) is sua sponte DISMISSED without prejudice for lack of subject-matter jurisdiction pursuant to Fed. R. Civ. P. 12(h)(3}. Plaintiffs’ motion for a preliminary injunction (Dkt. No. 9 ) is denied without prejudice as moot. Defendant’s motion to dismiss for lack of subject-matter jurisdiction (Dkt. No. 21 ) is denied without prejudice as moot. The Clerk is directed to close this action. Signed by Chief District Judge Glenn T. Suddaby on 8/31/2022. (sal ) (Entered: 08/31/2022) [More]

I found myself channeling Gary Coleman over this so found it advisable to post GOA’s latest email over at my WarOnGuns Placeholder blog because I don’t see it on their site yet.

[Via Jeremy C]

Temporary Relief

U.S. District Judge Charlotte Sweeney, a Biden appointee, issued a temporary restraining order (TRO) on Tuesday against Boulder County. It stops enforcement of the county’s ban on the manufacture and sale of assault weapons, which include the popular AR-15, and ammunition magazines capable of holding more than ten rounds. [More]

So what’s it take to get a PRO?

[Via Jess]

A City’s Got to Know Its Limitations

We are constrained by the recent United States Supreme Court decision in New York State Rifle & Pistol Assn., Inc. v Bruen (597 US _, 142 SCt 2111 [2022]) which mandates the grant of this CPLR article 78 petition. Specifically, in Bruen , the United States Supreme Court held that denial of a license applications for failing to satisfy New York’s “proper cause” standard, under which the applicants had to demonstrate a special need for self-protection distinguishable from that of the general community, was unconstitutional as violative of the Second Amendment to the United States Constitution, which protects an individual’s fundamental right to keep a firearm, and the Fourteenth Amendment to the United States Constitution, which makes this right equally applicable throughout the states. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. [More]

“Callahan” seems such an appropriate name here.

[Via Jess]

YadaYadaYada

Plaintiff lacks standing…Bruen is the wrong person to sue…plaintiff hasn’t shown injury… the plaintiff hasn’t shown a likelihood of winning… [More]

Everything to dance around and obscure the indisputable fact that these m***********g tyrannical New York a******s are denying a fundamental right to We the People under force of arms with full intent to bring an up-to-lethal hammer down on the head of anyone who disobeys.

[Via Antigone]

Reminds Me of an Old Dog Joke

“Senate Bill 918 is nothing short of tyrannical overreach to force his ideology on law abiding people who still believe in the framer’s intent,” said Rick Travis of the CA Rifle and Pistol Association. “Governor Newsom and his allies will stop at nothing to remove the right of the people to defend themselves. He is signing bills that are known constitutional violations and does not care.” [More]

Why? Because he can.

Open Season

“The gun rights movement has been given a weapon of mass destruction, and it will annihilate approximately 75% of the gun laws eventually,” said Evan Nappen, a New Jersey gun rights attorney. [More]

What do the antis call that? Oh, yeah, a good first step.

[Via bondmen]

Related UPDATE

The Supreme Court’s Bruen Gun Decision Is Even Bigger Than You Think [More]

The tip of the iceberg…

[Via Michael G]

My Kind of Precedent

Yesterday, a judge in California threw out charges for carrying a handgun without a license, saying that “the defendant cannot be punished for exercising his right to public carry” while the state’s unconstitutional may-issue law was in effect. [More]

Hey, they say what starts in California spreads out to the rest of the country…

If Wishes Were Fishes

Celebrity YouTuber cites Supreme Court gun ruling in bid to dismiss machine gun charges [More]

I’m not seeing how the most effective arguments can be considered with zero mentions of “militia.” That makes me wonder about the Second Amendment law track record the attorneys have achieved.

Don’t get me wrong: I think “shall not be infringed” and “every terrible implement of the soldier” should be all you need to win, but I wouldn’t take that into court unless I had a lot more behind it.

I’d like to see some qualified voices weigh in on the viability of the motion and the risks of establishing any precedents that could complicate future efforts if it fails.

[Via Antigone]

An Uncollectable Win

GOA AND GOF SUE NEW YORK OVER NEW CONCEALED CARRY RESTRICTIONS [More]

A right delayed… and until they’re stopped, they’ll keep inventing new ways to deny and continue kicking the can down the road to nowhere.

This is what preemptive surrender Republicans don’t get. Democrats fight every inch of the way. They don’t give, they take. And then come back for more.

We’re the Only Ones Alerting Enough

                                                                                                       [More]
About the only thing I have to add to that is this:

The thought strikes: If they don’t downgrade it at least a full letter grade after Bruen, it will be a significant admission.

So: When’s the next “buyback“?

[Via 1Gat]

Looking the Bruen Gift Horse in the Mouth

What’s not to celebrate? By all means, let’s do. Realistically. Let’s just not forget we’ve got a long way to go to “shall not be infringed” and it’s important to understand that some of the opinions from the majority will be more helpful toward getting there than others. [More]

Along with the admitted good come some exploitable (and unnecessary) concessions that Democrat states are already taking full advantage of, and that will take years to wrangle through.

Hitting the Ground Running

This legislative package enhances licensing requirements for concealed carry permit applicants, adds new provisions for sensitive areas where the permit holder is prohibited from carrying a concealed firearm, enhances safe storage requirements to apply if a minor under the age of 18 lives in the home, and makes technical changes to the Body Armor Law. Additionally, this legislative package establishes New York as a “point of contact” state. [More]

As WoG regulars know, I rarely post on weekends except to publicize my new articles. In this case, this release from the New York State Senate warrants an exception because it shows they were ready for the Bruen ruling and it gives a blueprint for other Democrat states to follow.

It’s yet another reason why suggesting potential infringements in c0ncurrences does nothing but help the enemy.

Here’s the bill.

[Via Jeremy C]

 

We’re the Only Ones Stingy Enough

The issuance of such permits is part of Brown’s job. And he has a reputation for being relatively stingy in issuing them, compared to most of the other 57 sheriffs in California. [More]

Tell me about it. Talk about a blast from the past!

Or better yet, tell NRA. They never did explain themselves.

[Via GP]

UPDATE

Perhaps it’s just as well.

So Much for Spirit and Intent

Tuesday, Sen. Anthony Portantino, a Democrat from Glendale, introduced legislation that he said would “update” the state’s concealed carry law to make it more restrictive, while also complying with the highest court’s latest dictate. [More]

Any doubts this will pass, and challenges and appeals will drag on for years?

UPDATE

And not to be outdone, New York decides to push things to the limit and beyond.

[Via Jess]