At about 4:50 in, they talk about the FOIA request appeal.
Tag: Stephen Stamboulieh
You Are My Gunshine…
Today, Gun Owners of America (GOA) and the Gun Owners Foundation filed a federal lawsuit in South Florida, challenging the state’s ban on open carry of firearms. [More]
Look at the name at the end of the complaint.
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiffs bring this action seeking a stay of agency action, temporary restraining order, and/or a preliminary injunction to preserve the status quo, followed by a declaratory judgment and permanent injunctive relief restraining Defendants from enforcing a Final Rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Department of Justice on April 19, 2024, entitled “Definition of ‘Engaged in the Business’ as a Dealer in Firearms” (“Final Rule”), 89 Fed. Reg. 28968. [More]
This is good work:
COUNT 5 Second Amendment: Right to Keep and Bear Arms 193. All foregoing allegations are repeated and realleged as if fully set forth herein. 194. The Second Amendment provides that “[a] well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” 195. The text of the Second Amendment provides no qualifications or limitations constraining who may exercise the right or for what purpose the right may be exercised. Accordingly, the Second Amendment presumptively protects all Americans and all lawful purposes. 196. ATF failed “to justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation.” N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1, 17 (2022). Nor can ATF justify its regulation because there is no early American tradition of requiring licensure of gun sellers
Plenty of pundits will be giving you their read on this. Why not read it for yourself?
[Via Len Savage]
FOIA Seeks Information from DOJ on National Extreme Risk Protection Order Resource Center
Who the DOJ is partnering with and how their activities are lawful in light of the Supreme Court’s latest ruling on the Second Amendment are of particular interest. [More]
I don’t think anyone’s ever asked them to provide documents showing how they figure their actions are consistent with Bruen before.
FOIA Request Questions FBI for Using NICS on NY Ammunition Background Checks
Can NICS be used for purposes for which it is not federally authorized? [More]
It makes fair the question “What else could the prohibitonists use it for?”
The Butterfly Effect
Ninth Circuit to rehear Hawaii butterfly knife ban… In its en banc petition, the state only briefly touched on historical arms regulations in its pre-territorial days. However, the state Supreme Court recently harkened back to the Kingdom of Hawaii — which historically levied heavy regulations on weapons — while pushing back on the Second Amendment. [More]
We’re talking Stephen Stamboulieh and Alan Beck’s case,
Judge ReTodd Eddins thinks “the spirit of Aloha” is the supreme law of the land there? I know they had history and tradition– did they have text? And does that spirit mean they’re bringing back Kapu?
Mark W. Smith thinks this may backfire.
[Via Jess]
On Appeal
NFA Denial Appeals Are Back On The Menu! [More]
Guns & Gadgets interviews Stephen Stamboulieh about the resolved lovers spat…
[Via Jess]
ATF/FBI ‘Lovers Spat’ Catch-22 on NFA Appeals Resolved
It should be a straightforward enough process and you’d think the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and the Department of Justice would be on the same page, instead of pointing fingers, abdicating responsibilities, and just plain getting things wrong, especially considering how they increasingly hold Federal Firearms Licensees to “zero tolerance standards” over paperwork glitches. [More]
It took fear of getting spanked by the court, but they finally, grudgingly agreed to an appeals process.
New Process for NFA Appeals
Cert Granted
Cargill v. Garland [More]
Whether a bump stock device is a “machinegun” as defined in 26 U.S.C. § 5845(b) because it is designed and intended for use in converting a rifle into a machinegun, i.e., into a weapon that fires “automatically more than one shot … by a single function of the trigger.”
Guess what that will determine.
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]
No Exceptions
A Law Unto Themselves
ATF Inspector Seizes Gun Store Customer Records Without A Warrant [More]
Once more Stephen Stamboulieh is at the center of righting wrongs.
What’s it say that this is being addressed civilly but not criminally?
[Via Jess]
Complaint Against DOJ Seeks Documents on NICS Permanent Entry Consent
The complaint was filed by attorney Stephen D. Stamboulieh on behalf of this correspondent to compel the Department to produce information regarding “consent to a permanent entry in the National Instant Criminal Background Check System (NICS).” [More]
Expanding the rules without lawfully delegated authority and based just on their own say-so seems to be the way with these autocratic functionaries.
No Relief Here
The Butterfly Effect
9th Circuit overturns Hawaii butterfly knife ban, citing Supreme Court ‘history’ standard on guns [More]
More fine work from Alan Beck and Stephen Stamboulieh…
I notice Adam Winkler whining about Bruen creating an “impossible position.” Why they ever invited this guy to GRPC is beyond me– it’s not like he’s a pal.
Can you imagine if we started challenging other tyrannical edicts and programs based on historical understanding at the time of ratification? It could change everything.
Mooting Cases Can Chill Incentives to Pursue Gun Denials
Who wants to spend years and substantial effort to force a correction and not even be able to recover costs? Who has those kinds of resources? [More]
Here’s another huge advantage that rights deniers with unlimited state resources have over gun owners of limited means.
A Last Ditch Attempt
The grabbers fight like cowardly children, which I suppose is a good thing.
Antonyuk Case Advances
Don’t look to the three-judge panel to rule favorably, which means the appeal will advance.
Subject to Interpretation
ATF Comments on 88-Day Automatic Denial of Pistol Brace Tax Stamps [More]
My head hurts.
‘Small Cadre’ Had Big Impact on Fifth Circuit Bump Stock Ruling
The Fifth Circuit judges who ruled favorably were influenced by arguments formulated and advanced by two of its principals, firearms designer Len Savage and attorney Stamboulieh. [More]
Untangling the web, one sticky thread at a time…
It’s a Trap!
[H/T Herschel]
An Informed Opinion
From David T. Hardy, via an email discussion concerning SCOTUS declining to hear a challenge to New York concealed carry laws:
It just declined to grant a stay pending appeal (or, to be more exact, refused to overrule the 2nd Circuit’s decision to grant a stay), which is not really refusing to hear the case. The two dissenters suggested they were ready to jump down the 2nd Circuit’s throat if it didn’t do the right thing.
The 2nd Circuit is going to look at this case very carefully….
Napoleon, when someone was going into detail on a particular general’s military virtues and why he deserved promotion, cut him off with “Enough, tell me one thing — is he lucky?” Meaning, I think, does he get results that no one expected. The attorney in the case, Steven Stamboulieh, appears to be very, very, lucky. He is someone to watch, now and ten years from now when we in the old guard are gone.
New York State of Mind
The State of New York is Still Fighting the Bruen Decision [More]
Herschel brings us up to date on Antonyuk v Satan’s Minions, including New York’s insulting brief and Stephen Stamboulieh’s authoritative response.
I have to find out what SCOTUS’s options are for slapping inferiors defying hierarchical precedent down.
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?
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]
Carry the Day
GOA DEFEATS NY “CONCEALED CARRY IMPROVEMENT ACT” IN FEDERAL COURT [More]
And as David Kopel properly recognizes over at The Volokh Conspiracy:
Today’s 184-page preliminary injunction opinion in Antonyuk v. Hochul is the latest step in a challenge by Gun Owners of America, represented by Stephen Stamboulieh and Robert J. Olson.
New Development in Biden Gun Case May Open Complaint for Reconsideration
At the time of the ruling, attorney Stephen Stamboulieh advised that no appeal would be filed due to time, expense, and the unlikelihood of it succeeding. This could change that. A motion for reconsideration may now be feasible since Biden’s attorney Clark publicly acknowledged the investigation. [More]
With his lawyer publicly acknowledging an investigation, ATF’s “Hunter Biden privacy” claim at this point is demonstrably BS.
FBI’s Las Vegas Shooter Report Raises Serious Unanswered Questions. What NFA Weapons?
The bottom line is “bump stocks,” which were “legal” at the time, could not have been the “illegally possessed prohibited firearms” referred to in the “Paddock” report. So what weapon/s are they referring to? [More]
Enquiring minds want to know…
