Category: Case Analysis
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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…
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Bevis v. City of Naperville, Petition for Rehearing in Banc
B.L.U.F. Hagar says I have to use the “more” button. The cases heard by the Seventh Circuit court three judge panel found that AR-15s aren’t arms under the protection of the Second Amendment. That magazines aren’t arms under the Second Amendment. That handguns can be banned and that all was right and wonderful with PICA.…
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Rocky Mountain Gun Owners v. Polis, rogue Court
B.L.U.F. Another day, another rogue inferior court scratching for anything that allows them to upload an infringement. This time it is a CO law requiring a waiting period before taking possession of a legally purchased firearm. The mental gymnastics this Jimmy Carter appointee goes through would make Mary Lou Retton jealous. (1250 words) After examining…
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Rahimi oral arguments, big picture take away
(1100 words) The very first thing to note is that Mr. Rahimi isn’t actually involved with this case. He was recently interviewed in prison, where he claims to be “reformed”. He says that he will never touch another gun and wishes the case would just go away. With that out of the way, the takeaway…