Category: Case Analysis
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Gray v. Jennings, No. 24-309
The trifecta of pro-Second Amendment cases In the 60s, I can remember wrapping Christmas presents and then going to the Greyhound bus terminal with my mother. There, she would pay to have a box shipped to the Midwest. This had to be done weeks in advance. My relatives would go down to the bus station…
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Snope v. Brown
This might be the most important case regarding the Second Amendment since Heller. Kolbe v. Hogan This case started when the Fourth Circuit Court issued their opinion in Kolbe v. Hogan. Fourteen judges sat, en banc to hear a challenge to Maryland’s “assault weapon ban”. Only four of the judges found that the Second Amendment…
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Christopher L. Wilson v. Hawaii
In 2017, Mr. Wilson was arrested for trespass. When searched, it was discovered he had a firearm on him. He did not have a license to carry. His case was heard in the lower courts of Hawaii, later it was appealed to the Supreme Court of Hawaii. There, the court found that because he had…
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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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Lawfare, Part n+1
B.L.U.F. Mexico sued S&W and other manufacturers. They claim that but for those evil gun makers, the cartels would not have guns. The district court said, “PLCAA applies. Get the out of my courtroom”. Mexico appealed, the First Circuit says the case can go on. The price of your firearms just went up, again. (1400…
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United States v. Ayala, (M.D. Fla.) A Big Win
How does this case affect anybody else? It doesn’t. This is an as applied challenge to the 18 U.S.C. §930(a), possessing a firearm in a Federal Facility. Mr. Emmanuel Ayala was a truck driver hauling mail for the U.S. Postal Service. He had a concealed carry permit from the state of Florida. It appears he…
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A Take down of the Second Circuit Court’s Odious opinion
B.L.U.F. In reading some recent filings, I came across this excellent take down of the Second Circuit Court’s opinion. (1550 words) The following is mostly from plaintiffs (good guys) in Kipke v. Moore in the District Court of Maryland. As mentioned the other day, the state is using the opinion out of the Second Circuit…
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Antonyuk v. Hochul (2nd Cir.)
B.L.U.F. This is the long-awaited opinion from the Second Circuit court regarding the CCIA challenges. This panel was anti-gun, there is nothing negative in the opinion that is surprising. What is surprising is that we won even a little bit. The plaintiffs will either request an en banc rehearing or take it to the Supreme…
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National Association for Gun Right v. Naperville, Application for Injunction at Supreme Cour
B.L.U.F. The state filed their reply in opposition to having the Seventh Circuit Court’s denial of an injunction on the Illinois gun and magazine ban overturned. This was done on the Supreme Court’s emergency docket. Justice Barrett required a response from the state, by 1700 Wed. Which they did file. The application and reply will…
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Maryland Shall Issue, Inc v. Wes Moore, 4th Cir.
B.L.U.F. Senior Circuit Judge Keene wrote the dissent in this case. She is unhappy with the majority opinion because that opinion would find most, if not all gun-control regulations, unconstitutional. Because this goes against her agenda, she latches onto footnote 9 of the Bruen opinion to justify why any set of objective hoops placed to…