Notes from the Resistance
But this is NOT a major loss for 2A or gun rights. First, it is not a 2A case so it does matter at all to Heller/Bruen analysis. Second, SCOTUS clearly left open the door for Trump to repeal the Biden ATF regulations (or even rewrite them in a very favorable way for the “home-made gun” industry… [More]
Regardless of how it was presented, this definitely is an infringement on the right of the people to keep and bear arms. And the next administration can undo any rule change this one makes.
About two weeks ago, Ms. Oyer was put on a working group to restore gun rights to people convicted of crimes, she said. [More]
Four Boxes Diner explains the significance.
See, it’s not “prickly” at all, Mel.
Well, maybe for NRA President “Lautenberg Bob” Barr…
[Via Jess]
The entire Department of Justice is starting to file documents in courts basically saying, “Hey we want to put these fights involving the ATF on hold because we’re likely going to be reconsidering them and changing position in favor of the right to keep and be arms.” [Watch]
The federal government asked the Eleventh Circuit to postpone oral arguments in a lawsuit challenging the ATF pistol brace rule, saying that it needs time to review it pursuant to Trump’s Second Amendment executive order…
We’ll see…
[Via Jess]
WE CAN USE ANTI-GUN TRICKS AGAINST THE LEFT TO END BIRTHRIGHT CITIZENSHIP – Anti-gunners use “standing” arguments against the 2nd Amendment. Now it’s time for us to use them against the left. [Watch]
Yeah, do it, but I’d actually be more interested in overturning precedents that ruled the people have no stake in infringements.
[Via Jess]
The Gun Owners of America were denied in their efforts to collect a $400,000 attorney fee in their successful work in challenging ATF’s bumpstock case. [More]
When writing an update on my case, I made a mistake on the title of my piece that is misleading. The judge’s order, as the text of the article states, was that “the plaintiffs shall file any motion for attorney’s fees.”
I signed a declaration for that last week to allow for the attorneys to submit their claim. We’ll now see if the ATF/DOJ under Trump still intends to fight gun owners tooth and nail.
[Via Jess]
Federal Appeals Judge ATTACKS Ninth Circuit for Gaming 2nd Amendment Cases [Watch]
We talked about this butterfly knife/2A case here.
Judge Lawrence VanDyke sounds like a perfect SCOTUS replacement.
Sotomayor ain’t exactly looking peppy these days…
[Via Jess]
There is a case now being litigated in front of the United States Supreme Court brought by the same lawyers and organization that represented none other than Michael Cargill in the Cargill case dealing with the bumpstock, a big victory for the2 Second Amendment over the ATF there, but this case involves the Sixth Amendment right to a jury trial but it’s just as important to win as many other cases involving the Supreme Court and the Constitution [Watch]
If we start applying the unambiguous language understood by the Founders the house of cards will collapse, and that scares the hell out of the controllers.
Also see NCLA Asks Supreme Court to Hear Case to Overturn “Petty-Offense Exception” to Jury-Trial Right.
[Via Jess]
Major 2A win in Ohio involving an individual indicted for possessing a firearm while under indictment for crime of which he was never convicted. [Watch]
If I’m reading this right, (Republican) prosecutor Melissa Powers evidently believes Ohioans elected a Republican majority so that she could deny the Second Amendment to a man whose robbery indictment was dismissed.
That’ll be useful to know if she ever seeks higher office.
[Via Jess]
INSANE: BIDEN DOJ MAKES CRAZY ARGUMENTS TO DEFEND POST OFFICE GUN BAN [Watch]
Among other things, like disinformation and actual fascism, we talked about the Statute of Northampton here.
Boy, that’s a lot of “Gun-Free Zones”! Now superimpose it over maps of schools, parks, government buildings, “sensitive areas”…
Welcome to the Land of the Second Amendment!
[Via Jess]
It reminds me of the DOJ snot who coined the term me ‘n the boys proudly embrace:
In short, there is a tangled web of connections between a small cadre of firearms activists and their efforts to recover fees through largely unsuccessful FOIA litigation.
Yeah, that’s why we do it.
It also brings up a suggestion I’ve been making of late:
Imagine now the Department of Justice under an actual Second Amendment advocate, and what it could do fighting infringements and prohibitionist lawfare waged by states with unlimited tax war chests in tandem with Astroturf prohibitionist groups funded by antigun elites. Right now, the costs to defend against these innumerable assaults on all levels are borne by gun rights groups and members of mostly modest means who can only support a fraction of what is needed. That equation could be turned on its head.
[Via Herschel]
The 2A Attorneys in Gray v. Jennings Delaware “assault weapon” ban litigation have filed a submission to SCOTUS as the three AR-15/Magazine ban cases continue their move through the Court’s consideration process. Mark Smith Four Boxes Diner discusses. [Watch]
That’s a counterpoint to this.
January sounds like the month we’ll learn either way if this and related cases will be considered/consolidated or punted again.
[Via Jess]
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]
Accordingly, “Miller stood for the proposition ‘that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as 3 short-barreled shotguns’ [More]
That’s not what Miller said at all.
He’s not through with the clown act:
While a silencer may be a firearm accessory, it is not a “bearable arm” that is capable of casting a bullet.
Neither was my “machinegun,” or “high capacity” magazines, or braces, or 80% receivers, or…
And again, “common use” is proving to be a trap.
It’s way past time to pasture this senile old “Reagan Republican.“
[Via Jess]
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]
They can because they’re over 21.
And they’ve just decided those from 18 to 21 who can’t won’t be allowed to claim the Second Amendment, too.
And Four Boxes Diner advises this will go back down to the lower courts, not SCOTUS.
[Via Jess]
ANCHOR BABIES AWAY: SCOTUS can Fix Illegal Immigration [Watch]
I’d love for this to be the correct interpretation. I fear that the argument will be made that it doesn’t apply because the incursion is not military in nature, and will thus be narrowly defined, like “treason,” to require a beligerrent enemy with whom we are at war.
[Via Jess]
That’s because “2020 Census Overcounted Democratic States, Undercounted GOP States.”
In a nutshell, the 2020 Census Post Enumeration Survey shows they f’d it up, giving “Blue” Colorado, Rhode Island, and Minnesota one undeserved electoral vote each, and taking one away from Texas, and one, arguably two away from Florida.
It’s hard to believe that was just a “screw up,” especially considering who appointed the Census Bureau director. It’s also hard to believe House Republican lawmakers haven’t been loudly leading the charge to fix this, and that we’re just hearing about this the day before the election.
[Via Jess]
NEW DECISION ON FIREARMS SERIAL NUMBERS: EXTREMELY SLOPPY…We have to talk about a decision by United States District Court Judge Miranda Du an appointee to the federal bench by President Barack Obama… [Watch]
Another reason why we should stay out of the affairs of foreign countries…
[Via Jess]
…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]
Whether we’re talking about 2 minutes to register to vote or 10 or more minutes or even 30 minutes to vote these are a drop in the bucket compared to the months and months and months that some Americans in anti-gun jurisdictions have to wait to be able to get their carry permit to exercise their Second Amendment right… [Watch]
I’ve never applied for one so I wouldn’t know.
Hey, if it only takes two minutes to register, what’s all the phony brouhaha about disenfranchising voters because it’s too hard to prove eligibility?
[Via Jess]
The US Court of Appeals for the Fifth Circuit heard oral argument today in the Reese v. ATF lawsuit involving a federal gun control law preventing young adults from purchasing handguns from FFLs. [Watch]
The ultimate absurdity is young adults being old enough to vote for the government to tell them they’re not old enough to own guns.
[Via Jess]
We have breaking news. We now know the firearm, according to reports, that was used by the anti-Trump guy who tried to assassinate President Trump on Sunday, that apparently the serial number has been obliterated or partially obliterated. Now this is a big deal because it’s going to play a role in the October 8th oral argument in the Vanderstok case before the US Supreme Court, so let’s connect some dots. [Watch]
If he was a prohibited person, a serial number wouldn’t trace to him anyway.
Don’t expect the Democrat DOJ, politicians, and DSM to acknowledge that when they have an opportunity to spook the herd and guin up hysteria.
He also make a good point about including such information on 4473s that the BIDS system exposes. The antis lie about why they want “background checks,” too.
[Via Jess]
Defendant Hines … did not mention that Plaintiff’s mother had initiated the encounter by calling emergency services to express concern about a trespasser… and he stated—incorrectly—that Plaintiff had been charged with aggravated assault… Finally, he wrote that Plaintiff complied with the officers’ commands and told officers he had been afraid for the safety of his grandmother (apparently an erroneous reference to Plaintiff’s mother) [More]
And a “trained professional” being sloppily incompetent and incapable of filing an accurate police report is enough to disarm a citizen…?
Normal PD, eh? Where the chief can have a gun in his carry-on with no consequences?
Four Boxes Diner breaks the case down.
[Via Jess]
Today, attorneys for Firearms Policy Coalition (FPC) filed a merits-stage Respondents’ brief with the United States Supreme Court in FPC’s Garland v. VanDerStok lawsuit challenging ATF’s “Definition of ‘Frame or Receiver’ and Identification of Firearms” Rule. FPC’s brief, available at FPCLaw.org, explains why the government’s Rule cannot survive scrutiny and must fail. [More]
Mark W. Smith of The Four Boxes Diner breaks it down for us.
[Via Jess]
Specifically, I’m going to explain how the legal theories they are advancing before the United States Supreme Court in the VanDerStok case dealing with quote unquote ghost guns, which are unserialized firearms and gun gun parts. how theATF’s position with the Biden/Harris Administrations arguments are exactly that they’re setting the precedent for declaring that AR-15s are machine guns and can be banned because they cannot be added to the NFA register… [Watch]
Exactly what some of us have been arguing the bump stock ban opened the door for, which makes it curious that he’s one of the ones arguing — without contemporaneous documentation — that Trump’s ban was a brilliant 3D chess move.
[Via Jess]
Strategic Retreats for Long-Term Gains:
Smith compared the temporary concessions in the gun rights battle to strategic retreats in warfare. For instance, the controversial bump stock ban by Trump was a tactical move to prevent a broader legislative redefinition of machine guns, which could have had far-reaching negative consequences for gun owners. [More]
Prove that’s what he did. Show us the contemporaneous evidence he was giving a master class in 3D chess, that was always his intent, and he could predict the outcome so it was OK to put so many at risk without their knowledge or consent.
The AR-15 rifle, billed as “America’s rifle” by the National Rifle Association, has been commonly used by mass shooters and is one of the most ubiquitous weapons in the United States. [More]
Thanks for admitting its “in common use” with all that implies.
[Via Jess]
