Notes from the Resistance
Gun Owners of America Files Motion for Summary Judgment Against ATF, Challenging NFA Provisions [More]
A familiar name is on page 3.
I understand civil litigation and FOIA stuff is considered nonessential and will be delayed by the shutdown, so we’ll see if this has to grab a ticket and line up in the queue.
Guess what else is delayed.
On Friday we celebrated DOJ Civil Rights filing an amicus brief with SCOTUS on Wolford v Lopez, the case out of Hawaii where there is a circuit split on “whether private property no carry default violates the Second Amendment.”
That’s the case where Alan Beck is one of the attorneys for petitioners.
Stephen Stamboulieh, who has worked with Alan on numerous efforts, as well as represented me, shares his thoughts:
Why were those 10 citizens chosen? What do they have that “we” don’t? Or more to the point, what do we also have that they do? [More]
Why, when there’s an easy way, does the “pro-gun” DOJ so often choose the hard way?
Stephen Stamboulieh brings us some good news about Pam Bondi and DOJ doing something necessary and good by filing a brief in support of the Second Amendment, noting Hawaii trying to ban guns on private property without specific owner permnission effectively equates to a gun ban practically everywhere. This is a hopeful sign and we need to see more like this.
The challenge is another example of great legal navigation and piloting by Alan Beck.
As an aside, this is how “guntubing” ought to be, a subject matter authority articuately sharing knowledge and guidance, as opposed to mansplaining the work of others for clicks.
And pay attention to this, @ 7:15 in:
The Ninth Circuit needs to be broken up as a court. It’s too big, it’s way too powerful, and it does some really stupid things that we’re going to talk about in my 7 o’clock live tonight where I just lost $400,000 in that case.
That’s something we’ve talked about before.
GOA and GOF have officially submitted our petition for a writ of certiorari to the U.S. Supreme Court in Antonyuk v. James! This case began as a direct challenge to New York’s unconstitutional attempt to ban concealed carry by declaring nearly every location a “sensitive place.” But now, it’s become a battle over lower courts defying SCOTUS rulings. [Watch]
Note the first name on the petition…
[Via Jess]
At about 4:50 in, they talk about the FOIA request appeal.
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.
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]
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.
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?”
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]
NFA Denial Appeals Are Back On The Menu! [More]
Guns & Gadgets interviews Stephen Stamboulieh about the resolved lovers spat…
[Via Jess]
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.
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.
…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]
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]
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]
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.
