Notes from the Resistance
DOJ Tells Court NJ’s AR-15 and Magazine Bans Violates Second Amendment [More]
As much as I point out administration failings, and I do because we have to know how to steer them to do better, I also have to applaud when they do good, and acknowledge no other president and DOJ in my lifetime have even come close to defending 2A like this.
That said, I fear “common use” can turn into a trap so I’m glad to see they also didn’t ignore the Militia aspect in their brief.
Machine guns are dangerous weapons that aren’t commonly “possessed by law-abiding citizens for lawful purposes,” and a law that criminalizes their possession is therefore consistent with the tradition of firearm regulation in the country, the US Court of Appeals for the Sixth Circuit said Thursday. [More]
So… rather than being the cure-all for what ails us, “common use” can be a trap to limit and ultimately render RKBA obsolete?
[Via Jess]
The NFA’s Regulation of Suppressors and Short-Barreled Rifles Violates the Second Amendment [More]
The sick joke is everybody knows that.
Once more I see arguments are long on “common use” and short on “militia,” but I guess we need a point of entry to get this into the interminable appeals cycle and hold it there long enough for Republicans to blow it and communist Democrats to regain power…
Perhaps the strategy is for B0ndi to take a dive…?
The Morgan case is a case where a federal judge in Kansas found that machine gun possession charges are unconstitutional in violation of the Second Amendment as it applied to this individual Mr Morgan. This Kansas Morgan decision is now being contested by the Trump administration in the 10th Circuit Court of Appeals. In fact, the Trump DOJ just argued to the 10th Circuit that the decision down below should be reversed. They argue that machine guns are not in common use for lawful purposes in today’s society and that they are dangerous and unusual items and as dangerous and unusual items they can be restricted by the federal government essentially however they want. [Watch]
I hate to say I told you so.
And “pro-gun” lawyers — the ones coming up with all kinds of apologetic rationales for administration betrayals, helped set it.
The petition for a writ of certiorari should be denied. [More]
The state that inflicted Joe Biden onto the political scene says banning semiautomatic rifles and magazines doesn’t infringe on the right of the people to keep and bear arms.
Mark W. Smith ties it in with related cases SCOTUS is considering. And I continue to be suspicious of relying on “common use.”
[Via Jess]
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]
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.
To prohibit the imposition of requirements that handguns have certain features generally absent from firearms in common use, and to restore the civil and natural rights of Americans in States hostile to liberty, and for other purposes. [More]
And when Republicans are in a position to actually roll back an infringement…?
Besides: What about arms NOT in common use by any except the standing army because the government won’t allow them to be?
[Via Jess]
“Commonly owned,” “typically possessed” and “ordinary” are key words here. [More]
And “commonly owned,” “typically possessed” and “ordinary” by and for whom is the key question here.
Last I looked, it wasn’t “the right of the people to keep and bear commonly owned, typically possessed and ordinary arms shall not be infringed.” That attitude will result in 2A being rendered a moot point.
You’d think our NSSF “leaders” would know that.
And the prohibitionists are aided in citizen disarmament when “gun rights leaders” not only accept – but argue for an invented “in common use at the time” qualifier that limits permitted firearms to what is commercially popular, as opposed to what soldiers and police carry… [More]
Hitler envisioned a Thousand Year Reich. The goal in the evil minds of fascist gun banners is a totalitarian monopoly of violence—forever.
NSSF REPORT REVEALS FIREARM MAGAZINES WITH CAPACITY OVER 10 ROUNDS IS NATIONAL STANDARD [More]
I see some “gunfluencers” breathlessly celebrating the end of magazine bans, as if we’re dealing with an enemy that gives up, and as if Democrat judges won’t just ignore what they all know anyway.
And once more we’re seeing “in common use at the time” accepted as a popularity contest for “allowed” guns.
Anyone recall seeing that qualifier included in the wording of the Second Amendment?
[Via Jess]
Attorneys representing the Second Amendment Foundation and its partners in a federal challenge of the Illinois ban on modern semi-auto firearms and “large-capacity magazines” have filed a petition with the U.S. Supreme Court, seeking certiorari in the case of Harrel v. Raoul. [More]
Be careful that you don’t turn “common use” into a precedential limitation.
Japanese startup plans to vaporize space junk using ground lasers [More]
Sorry, “militia”… not “in common use“…
And noting how it used to take a roomfull of equipment to produce a fraction of the computing power of your cell phone, and how quickly that evolved, you’d better believe someday the power supply for an infantry weapon will fit in a portable pack.
[Via Michael G]
Just as they chose handguns in Heller, the American people in large numbers have chosen to arm themselves for their protection with ammunition feeding devices capable of holding more than ten rounds. Because the arms at issue are “in common use” and typically possessed by law abiding citizens for lawful purposes, Washington’s ban violates the Second Amendment. [More]
The common use the Founders were interested in is by the military. That’s why they said “arms.”
[Via Jess]
That the antis have glommed onto “self-defense” as an exclusionary qualifier was inevitable since that’s all the “common possessors” on our side ever talk about.
If we keep limiting ourselves that way, arms needed for the core purpose and all new technological developments restricted to military/police use will be forever denied to the people the Second Amendment was meant to apply to, and not just for “self-defense.”
I’m waiting for one of our legal influencers with a reach longer than mine to admit this and start using it.
Alternatively, I’m waiting for one of them to have the guts to challenge me on this and prove me wrong.
[Via Jess]
Common use and dangerous and unusual are mutually exclusive. Something can’t be dangerous and unusual if it’s in common use. [More]
And if we were doing things according to founding intent, they’d be in common use.
