Tag: Mark W. Smith

Running Out the Clock

US Court of Appeals for the Fourth Circuit has decided to hear en banc the Bianchi v. Brown MD “assault weapon” ban case and, thus, prevent a likely favor 2A ruling from being issued by the three-judge panel of that court. [Watch]

And as I’ve said, if the Republicans blow the elections and Dems manage to change SCOTUS, we’ll get to see which side is more serious.

Ghost Story

Are we talking about criminals that are obliterating serial numbers which has always happened in American history, um, or something else…? [Watch]

Are we talking about violence monopolist propagandists using deception to advance a citizen disarmament agenda…?

“Real reporter” Matthew Sedacca certainly is a tool.

[Via Jess]

Sounds Like a Plan

And semiautos/magazines…?

Conduct Unbecoming

US District Court of Southern District of California finds that gun purchase restrictions on 18-20 year olds in California is constitutional under the 2nd Amendment. [More]

What kind of evil, lying traitor would you have to be to rule that way? So much for judicial conduct.

His treason will, of course, eventually be overturned, provided the Republicans don’t blow ’24…

[Via Jess]

Ball’s in Their Court

US Supreme Court justice Amy Coney Barrett just ordered the defendants in National Association for Gun Rights v. Naperville to explain why the court should not enjoin Illinois’s “assault weapon” ban law. [Watch]

And again with the Barden/Sandy Hook ad intro…

[Via Jess]

Game On

ANTI-GUN SCHEME IN BIANCHI “ASSAULT WEAPON” BAN CASE? Mark Smith Four Boxes Diner addresses whether the US Court of Appeals for the Four Circuit in Playing Games in Bianchi “Assault Weapon” ban case. The US Court of Appeals for the Fourth Circuit (VA, MD, NC) has been sitting on the Bianchi case since its December 6, 2022 oral argument. Mark Smith Four Boxes Diner offers a potential explanation for this insane delay. [More]

Our rights are their playthings…?

[Via Jess]

A Presumption of Innocence

A FACTUAL FINDING OF “VIOLENT DANGEROUSNESS” is the Key to disarming a particular person due to mental illness or otherwise. This finding of “violent dangerousness” may only arise after a full blown trial, which is analogous to hearings/ trials associated with placing a person in a mental health institution via an involuntary civil commitment process. [More]

That’s what “full due process” means, something the Sentence Firsters can’t tolerate.

And, of course, disarming only has a chance in custodial environments.

Unauthorized Means Unlawful

The US Department of Justice made a major concession involving whether licensing officials working for executive agencies may exercise “discretion” over CCW permits. [Watch]

That is big.

And using that rationale, I’d argue they can’t exercise executive “discretion” in “rulemaking” not backed by legislation, either.

Or in creating new classifications of “prohibited persons.”

[Via Jess]

If Truth Be Known

The Right to Bear Arms and Terrorize Your Partner [Listen]

Or don’t. Noting who is featured and by whom, starting out with a bald-faced lie makes me not want to waste my time being lied to.

[Via Michael G]

Related UPDATE

Here’s some truth. [Watch]

But we still don’t have a decision.

Let’s hope the storm crows are wrong.

[Via Jess]

Showdown Coming?

The US Court of Appeals for the Fifth Circuit heard oral argument today in Reese v. BATFE involving whether young adults have a right to acquire firearms from federal gun dealers under the Second Amendment and, relatedly, whether 18 USC 922(b)(1) is constitutional. Mark Smith Four Boxes Diner predicts that this gun control statute will be struck down and then the US DOJ will have to seek cert from the US Supreme Court. [Watch]

What was the understanding at the time of the Founding?

What is the law?

[Via Jess]

Amy, What You Wanna Do?

Is Justice Amy Coney Barrett a TRAITOR to the 2nd Amendment? [Watch]

Again, this is more procedural than anything. That doesn’t mean justice isn’t being delayed and denied for some. I know as an SNBIer, I’m the last person to talk about nuance, but a High Court that can bypass appeals protocols here can bypass it elsewhere, and you’d better believe one with a different composition would exploit the hell out of that.

I’m surprised so many of Mark W. Smith’s followers in the video’s comments don’t seem to grok his points.

But yeah, I suspect if she had her druthers she wouldn’t be a purist. Neither would Roberts, or Kavanaugh, or… and don’t get me started on Scalia.

This is the hand we’re dealt. It’s up to us to play it smart.

[Via Jess]

In Time of Need…

FEDERAL GUN CONFISCATION: Can President Biden Declare a WAR or EMERGENCY and TAKE YOUR GUNS? [Watch]

Precedent says “no,” but he could try…

How many he could get, whether they’d be dumb enough to attempt it, and what they’d do if met with defiance is another story.

That’s an interesting point about the gun exemption to Roosevelt’s requisitioning mandate based on 2A being an individual right. That’s something to throw back in the faces of antis claiming that recognition is a recent “gun lobby” fraud.

[Via Jess]

2A Desperation

…the lawyers for the plaintiff, specifically attorney Stephen Stamboulieh, an excellent lawyer — we’ve talked a lot about him before — uh, Stephen has done a great job in a lot of cases including the Antonyuk case, and he wrote a very powerful opposition to this making a whole host of arguments as to why this is no good and, uh, I will put a link to his brief down below his motion to strike… [Watch]

It’s nice to see a “small cadre” member getting bigger.

[Via Jess]

The Butterfly Effect

US Court of Appeal for Ninth Circuit declared Hawaii’s butterfly knife ban to be unconstitutional under the 2nd Amendment. Hawaii hires $2400 per hour attorney to try to save the BAN but 2nd Amendment briefs are terrific and should prevail. [Watch]

Major props for Alan Beck and Stephen Stamboulieh who routinely take to the field to battle mercenaries.

[Via Herschel]

The Ghost is Clear?

In Vanderstok federal case involving challenges to ATF’s rulemaking concerning Biden’s Ghost Gun regulations redefining frames and receivers, the Fifth Circuit Court of Appeals agreed to uphold the lower court’s preliminary injunction pending the outcome of this lawsuit. [Watch]

There’s still a way to go, but for now, it’s the antis that are set back.

Tangentially-Related UPDATE

THIS KEEPS GETTING WORSE: Anti-Gun 9th Circuit Judges Playing Games With the 2nd Amendment [Watch]

Judicial Nazgûl continue to circle…

[Via Jess]

An Unlawful Law and a Criminal Criminal Statute

The lawyers for Zaki Rahimi have filed a powerful compelling argument against the criminal statute 18 USC 922 G8 which is the question presented whether or not that is constitutional under the Second Amendment and Rahimi’s attorneys have 0:19 actually made some additional creative arguments that we’re going to talk about… [Watch]

Mark W. Smith breaks it down for us.

[Via Jess]

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