Category: Case Analysis
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Virginia Duncan v. Rob Bonta, 23-55805, (9th Cir. Oct 03, 2023) ECF No. 9
B.L.U.F.Short discussion of the level of honesty from the state. I’m under the weather, so nothing too long, I hope. (I can hope, it just doesn’t happen.) (2200 words) Duncan v. Bonta is the case that started in 2017 challenging California’s magazine ban. Judge Benitez found magazine bans to be unconstitutional. He enjoined the state…
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Vincent v. Garland (10th Cir., 21-4121) §922(g)(1)
B.L.U.F.Is this the next case to head to the Supreme Court? The 10th Circuit found that a convicted felon does not have a constitutionally protected right to possess firearms. (1000 words) In 2020, Melynda Vincent filed to have §922(g)(1) overturned as applied to her. In 2007, she was a drug addict and tried to pass…
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United States v. Robert Hunter Biden WTF?
B.L.U.F. Hunter might get off the hook on counts 1 and 2 if count 3, §922(g)(3) is struck down for constitutional reasons. (450 words) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any…
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Ronald Koons v. Attorney General New Jersey, a fisk
B.L.U.F. The Attorney General of New Jersey has filed a brief (100 pages!!!!) explaining why New Jersey’s de facto carry ban is actually constitutional. (1900 words) Introduction The Second and Fourteenth Amendments have always coexisted comfortably with a wide range of firearms restrictions. As the record shows, States historically restricted firearms in particularly sensitive places—such…
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Fraser v. ATF 18 U.S.C. §922(b)1
B.L.U.F. Mr. Fraser is the lead plaintiff in a challenge to 18 U.S.C. §922(b)1. Normally, we are concerned about the different parts of §922(g), prohibited persons. §922(b)1 is the probation on those under 21 purchasing handguns or handgun ammunition. We won. The case is held pending appeal to the Fourth Circuit court. (1500 words) Case…
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Smith v. District of Columbia
This is a 99.9% win for the good guys. (750 Words) Back in 2015, Maggie Smith filed a class action suit against the District of Columbia. Maggie Smith, on behalf of herself and the Prosecution Class and the Nonresident Class (both defined below), brings this action against the Government of the District of Columbia (the…
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Andrew Hanson v. DC (D.C. Cir.) — Magazine Ban
Normally, I would spend time analyzing a filing. This particular filing is by the Appellants/Plaintiffs (good guys). It is a good history of DC gun infringements over the last decades. (1100 Words) For roughly two-score years, the District of Columbia has done its level best to rid firearms entirely from within its borders by imposing…
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Rhode v. Becerra — Robert Spitzer’s Declaration
B.L.U.F.This case is before Judge Benitez. I believe he has a hearing scheduled for mid-September on the merits of the case. In response to the defendants (bad guys/state) whining that the case should be evaluated through the eyes of an expert or historian. Judge Benitez ordered the defendants to declare their experts and to allow…
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Brief of United States v. Rahimi, US Supreme Court – UPDATED
B.L.U.F. The United States filed a brief with the Supreme Court where they argue that the definition of “The People” is in the hands of the state. And other reasons why the state gets to decide when the Second Amendment applies. (3,800 words) The Question Whether 18 U.S.C. 922(g)(8), which prohibits the possession of firearms…
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Policies are not laws
You guys don’t make it easy. The rabbit hole nearly ate me alive. At issue is how people are sentenced after they are convicted of one or more crimes. This is about U.S. v. Matthew Raymond Hoover yet touches on a cert denial at the supreme court just a few weeks ago. We read about…