Category: Cases
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VanDerStock, things I learned
According to the Solicitor General of the United States: And Congress made clear in the statutory history that the reason it used that term (weapon) is because there are objects out there, toys and tools, that have a well-known non-weapon use but that actually do expel projectiles through the action of an explosive. A —…
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Next Step In the Battle for the Second Amendment
The Second Amendment should be a viable defense for anybody charged with a “gun crime”. Found carrying with an expired CCW? Second Amendment defense. Cross an imaginary line and your right to carry disappeared? Second Amendment defense. We should have seen 100s if not 1000s of cases over the years where the defendants argued that…
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Lawyers are strange?
Barnett v. Raoul, 3:23-cv-00209, (S.D. Ill.) is one of the cases filed in response to the Illinois Bruen tantrum. It was opened January 24, 2023. It was decided at the district court level in favor of The People. It was part of the group of cases that went to the Seventh Circuit where Judge Easterbrook…
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U.S.A. v. Jackson
One of the hard things to accept is that so many inferior courts think that when a case is vacated and remanded, it isn’t for good reason. The courts speak in polite ways. You don’t call out a judge for being an idiot. No matter how often they open their mouth to remove all doubt.…
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When the Arguments Are that Bad: Nguyen v. Bonta
This case involves California’s one gun per month infringement. On Dec 18, 2020, nearly 4 years ago, Michelle Nguyen and others filed a complaint against Xavier Becerra, the Attorney General of California asking for injunctive and declaratory relief. Because this happened before the Bruen opinion issued, it is couched in terms of Heller and levels…
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When the State wants more weasel words
The state is constantly looking for weasel words in Supreme Court opinions to further their arrogant subjugation of their subjects. We see this in how they misconstrued the language of to claim that the Second Amendment only protects militias. We see this when they misconstrue to mean that “presumptively constitutional” means that any infringement is…
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Alec Baldwin Gets Away with Murder?
Alec Baldwin’s case was dismissed with prejudice. What does this mean, IANAL view point Alec Baldwin was charged with involuntary manslaughter after he shot and killed his cinematographer, Halyna Hutchins. The relevant facts: Alec Baldwin was holding a real gun. Alec Baldwin pointed the gun at a person. Alec Baldwin cocked the gun (pulled the…
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Case Dismissed, They Miss Trump, Again
There were several cases GVRed at the end of June. This is one of the methods the Supreme Court uses to communicate with the inferior courts. What they are doing is telling the inferior courts, all of them, that this opinion we issued, applies to these sorts of cases. The Loper Bright case was the…
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When the Court is tired of the state’s BS
In August 2022, Thomas and Diane Lamarco filed suit in the eastern district of New York. This is a different challenge to §922(g). If you read §922(g), or you are familiar with from 4473, you know there is a long list of people that are prohibited from possessing firearms. We are currently arguing about the…
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The GVRs
What is a GVR? The process for an appeal is to request that a case be heard. When the superior court Grants that appeal, the case is moved to a final opinion. One of the possible outcomes is that the inferior court’s opinion is Vacated. When an inferior court’s opinion is vacated, the superior court…