Category: Explainer
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When losing is winning. SCOTUS denies cert
We are a society of instant gratification. You go to Amazon, click two buttons, and the next day that thing arrives at your door. Your kid sends you a written message from a different continent, three times a day. You snap a picture of your cat, develop it, do some touch up, decide you can…
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Why May v. Bonta is a big deal
B.L.U.F. The babblings of a not lawyer about just how good a weekend order from the Ninth Circuit was for The People. (1500 words) There is a name that should be familiar to us, but which is not, Federal Judge Jack Weinstein. He sat on the Eastern District of New York district court from 1967…
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The Cascade of Opinions
B.L.U.F. A quick update regarding some 2A cases kicking around. Touching on how bad case law begets bad case law. (1200 words) In June 2022, the Supreme Court issued the Bruen opinion. This case answered one question: Is New York’s “proper cause” requirement for a CCW constitutional? The Supreme Court answered with a resounding “NO!”.…
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As Applied?
B.L.U.F. What is the difference between an as applied challenge and a facial challenge to law? (1550 words) In Antonyuk v Hochul, the plaintiffs challenged parts of New York’s CCIA on facial grounds. This is to say, they claimed that the challenged legislation is always unconstitutional. For example, it has been established that a ban…
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Judge Ho Submits his Opinion in Rahimi
B.L.U.F. Circuit Judge Ho of the Fifth Circuit writes a letter to the Supreme Court explaining what they did in Rahimi and why the Fifth Circuit’s opinion should stand. (1600 words) When I read some arguments made by the state, I want to scream about how bad those arguments actually are. The more I read…
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He’s too Dangerous to Have a Gun
B.L.U.F. Rambling about how to disarm “dangerous” people. Put them in prison. (1800 words) 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. The unqualified command of the Second Amendment is “shall not be infringed”. This applies…
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of The People Shall Not Be Infringed!
B.L.U.F. A look at how the state is attempting to restrict our rights by redefining what “The People” means. (2450 words) Heller was the first domino to fall in the restoration of our Second Amendment protected rights. McDonald was the next. After a long time, we had the third domino fall, Bruen. After Heller there…
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Nuanced Approach
B.L.U.F. Why do the states want a more “Nuanced Approach” and what does that actually mean? (1400 words) While the historical analogies here and in Heller are relatively simple to draw, other cases implicating unprecedented societal concerns or dramatic technological changes may require a more nuanced approach. The regulatory challenges posed by firearms today are…
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Status of Cases
(Words 1200) Just what the title says, a number of cases with either short histories or simply where the are in the process. National Rifle Association v. Commissioner, Florida Dept. of Law Enforcement, 21-12314, (11th Cir.) Suit filed in March 2018, Eleventh Circuit court 2 judge panel hears oral arguments heard March 24, 2022. On…
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United States v. Daniels, 22-60596 (5th Cir. 2023)
Hopefully, a short one. 4473 and the Gun Control Act of 1968, as amended All of us have had the pleasure of filling out a form 4473, waiting for some bureaucrat decides that we are good enough to exercise our right to keep and bear arms, and finally give us permission. Most of form 4473…
