Category: Legal
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Are you Standing?
During the dark days before Heller, the rogue inferior courts, like the Ninth Circuit, came to the consensus that the phrase “a well regulated militia” was more indicative of who had the right to keep and bear arms than “the right of the people”. The result of this piece of stupidity was that we, The…
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Hunter v. Cortland Housing Authority, 2A win
If you want to see a case take years and years, it goes something like this: The plaintiffs file a suit and request a Temporary Restraining Order to enjoin the defendants while the court hears briefings and arguments for a Preliminary Injunction. If the losing party wishes, they can appeal to the circuit court. This…
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Is that a machine gun you have there?
(b) Machinegun The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended…
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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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The Supreme Court WILL hear 2A Cases this Term
There are two cases that have been granted certiorari so far. I expect there to be three or four this term. The most important, in the long term, is Smith & Wesson Brands Inc. et al. v. Estados Unidos Mexicanos. This is a lawfare case initiated by Mexico against a number of firearm related companies.…
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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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OMG! They killed an innocent man!
This story showed up in my feeds. I took note of it because, of course, they blamed the death of this poor black man on the conservative Supreme Court justices. The three liberals, would have granted the stay, but the six justices that insist on following the law did not. So what is the actual…
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…this Nation’s historical tradition of firearm regulation
Creating rules for anything, a game, a business, the interaction between parties, there can be negative rules, or there can be positive rules. You can have a set of negative rules. You cannot touch the ball with your hands. This is a rule in soccer. What was the original intention? We don’t know. What we…
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Listen to Justice Thomas
In the best of worlds, the courts would work to enforce the laws as they were meant. We wouldn’t have judges and justices that are so goal-driven that their wants forces a predetermined outcome. The state passes a bad law. The People file a suit challenging the law. They request a temporary injunction, a preliminary…
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Circuit Judge Lawrence VanDyke
“What would you do if you were stuck in one place and every day was exactly the same, and nothing that you did mattered?” In the Ninth Circuit, if a panel upholds a party’s Second Amendment rights, it follows automatically that the case will be taken en banc. This case bends to that law. I…
