One Step Closer

In Washington state, House Bill 1240 was voted out of a Senate committee Tuesday, making it closer to becoming a reality. [More]

Here’s where you can track its progress.

After it passes and then wends its way through the challenges, all the Supreme Court will have to do to let it stand is… nothing.

If they do decide it’s time to resolve splits, a prayer for the continued good health of Justice Thomas wouldn’t hurt.

[Via Jess]

Point/Counterpoint

Dave, like so many others you are in error concerning Heller’s statement on the M-16. Scalia wrote that anyone who say’s M-16s and the like can be banned have de facto separated and nullified the prefatory clause “A well regulated militia being necessary to the security of a free state,” from the operative “the right of the people to keep and bear arms shall not be infringed.”

“It may be objected that if weapons that are most useful
in military service—M-16 rifles and the like—may be
banned, then the Second Amendment right is completely
detached from the prefatory clause.” [More]

He’s leaving out the big “but” that immediately follows:

But as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty.

Previously qualified as:

We therefore read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns. That accords with the historical understanding of the scope of the right…

I’ve posted this here because if I’m to get my other work done, I don’t have time to get embroiled in comments on AmmoLand, and besides, I get my say in the article and comments are for the readers.

And point of order

Tyrants Gonna Tyrannize

The U.S. Department of Justice (DOJ) is asking the Supreme Court to overturn an appeals court ruling that struck down a federal law preventing people under domestic violence-related restraining orders from having guns. [More]

Because how better “to secure the Blessings of Liberty” than to deny rights to people who haven’t even been charged with anything, let alone convicted?

[Via bondmen]

A Good First Step

I have never given up hope that the collector’s item I got so I’d have standing will one day be surrendered back to me by ATF.

I wonder if SCOTUS will forever punt, and what the implications will be for pistol braces, forced reset triggers, and the like.

[Via WiscoDave]

The Finest Judges Money Can Buy

Yesterday we explored how Gov. Pritzker of Illinois played fast and loose with campaign finance rules to stack the state Supreme Court he is appealing his “assault weapon” ban legal setback to.

Mom-at-Arms has updated its report to prove a conflict of interest and to cite U.S. Supreme Court precedent:

Bishop On Air says “recuse.” (14:56)

Gun Sense Judges

Delaware lowers passing score on bar exam in push for racial diversity: ‘Not supposed to be a barrier’ – Chief Justice Collins J. Seitz Jr. said changes reflect ‘modernization’ of admission process [More]

Hey, if Biden can do it for the Supreme Court, what’s the big deal with his home state doing it for the locals?

[Via Michael G]

Adventures in Baselessness

On Friday, the U.S. Supreme Court (SCOTUS) will consider for a second time whether to hear Raland J. Brunson v. Alma S. Adams, a case that alleges Congress had a duty to investigate claims of fraud and impropriety in the 2020 national election, and that member votes against doing so amounted to treason. [More]

And all they have to do to let things stand is…nothing.

[Via Michael G]

Kwame, How I Love Ya, How I Love Ya, My Dear Old Kwame

Illinois Attorney General Kwame Raoul appealed to the 5th District Appellate Court in Mount Vernon Monday to overturn a temporary restraining order against the Protect Illinois Communities Act, which bans dozens of handguns and rifles, .50-caliber guns, certain attachments and accessories, and limits cartridges to 10 rounds for long guns and 15 rounds for pistols. [More]

On the plus side, it’ll end up heading to the Bruen court…

[Via Jess]

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.

Dave Hardy, author of Dred Scott: The Inside Story

Just When You Thought It Was Safe to Get Back in the Water

Supreme Court rejects New York gun retailers’ bid to block new concealed carry laws [More]

How the same court that ruled on Bruen could refuse to block this has Yul baffled.

I’m not sure it’s the “major blow” this is being presented as, and it could be there’s some 3D chess going on by Thomas and some others to allow lower court challenges to continue, but Lord knows I’ve been dead wrong in trying to figure out what it takes to acknowledge “shall not be infringed” before.

Maybe somebody’s got pictures?

Hatchet Job

The Supreme Court May Kick Off 2023 With a Huge Gun Rights Ruling – Without oral argument or full briefing, the case could take a hatchet to New York’s new concealed carry law—and countless more nationwide. [More]

So why does Mark Joseph Stern have his panties in a wad?

Oh…

Adventures in Baselessness

In contrast, a little-known case that appeared recently on the Court docket could do just that. The case of Brunson v. Adams, not even reported in the mainstream media, was filed pro se by ordinary American citizens – four brothers from Utah — seeking the removal of President Biden and Vice President Harris, along with 291 U.S. representatives and 94 U.S. senators who voted to certify the electors to the Electoral College on Jan. 6, 2021 without first investigating serious allegations of election fraud in half a dozen states and foreign election interference and breach of national security in the 2020 presidential election. The outcome of such relief would presumably be to restore Donald Trump to the presidency. [More]

Wake me when SCOTUS agrees to hear it.

[Via bondmen]

Under Consideration

David M. Greco, Petitioner v. Matthew J. Platkin, Attorney General of New Jersey, et al… Dec 28 2022 DISTRIBUTED for Conference of 1/13/2023. [More]

This is a FOURTH AMENDMENT challenge to New Jersey’s “red flag” law based on unconstitutional search and seizure…

Armed Scholar explains.

[Via Jess]

Taking Stock

The U.S. Supreme Court on Monday turned away another challenge to a federal ban imposed under former President Donald Trump on devices called “bump stocks” that enable a semi-automatic weapon to fire like a machine gun. The justices declined to review an appeal by a group of firearms dealers and individuals in Minnesota, Texas and Kentucky after a lower court rejected their argument that the government had violated the U.S. Constitution’s Fifth Amendment “takings clause” by effectively taking their private property without just compensation. [More]

As noted before, all the High Court needs to do to let tyranny stand is…nothing.

And thanks again, Donald.

[Via Jess]

Do-Over

Here’s the background:

Morin v. Lyver is a follow-up challenge to the lifetime ban on the issuance of a License to Carry to anyone conviction of a minor, non-violent misdemeanor if the offense involves a weapon or ammunition and where a term of imprisonment may be imposed… Dr. Morin has since applied for and was issued a Firearms Identification Card. However, his application for a Permit to Purchase was denied.

You can have the card but you can’t have the gun? Some Masshole government POS decided that? Really?

[Via Jess]

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