Category: Case Analysis
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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…
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Andrew Teter V Anne e. Lopez (9th Cir.)
B.L.U.F.Brick by Brick, Row by Row, we build our freedoms. The 9th Circuit court of Appeals got it right. What does it mean? What did the state attempt? How did the court opine? In April 2019, another legal battle began. A long shot case that the plaintiffs knew would drag out for years if they…
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You win some, You lose some
Today we heard a great opinion out of the Ninth Circuit Court of Appeals. They found that knives are arms. As arms, they are presumptively protected by the plain text of the Second Amendment. Finally, they found that the government had not met their burden of finding a law from the founding that supported their…
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Hanson v. D.C. (ammunition feeding device ban) – Updated
B.L.U.F. Another District Judge gets it wrong because they are another rogue judge. Somehow, I managed to analyze this case twice. The first was back in April. The quoting is better, the references/citations are better. The snark is about the same. I believe it suggests that I’m getting a little better at this. The first…
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O.F.F. v. Brown, Judges Opinion Pt. 2
B.L.U.F.More of analysis of the horrid opinion offered by Judge Karin Immergut out in Oregon. I’ve since learned that she spent most of her career, before becoming a district judge, working as a prosecutor for the government. She was actually a prosecutor for the ATF. OF course, she found a gun infringement constitutional. It is…
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Oregon Firearms Federation, Inc. v. Brown, Judges Opinion
B.L.U.F. An analysis of the horrible opinion out of Oregon where the district Judge decided that arms aren’t covered under the Second Amendment and that there is a history and tradition of requiring government approval before you can exercise your Second Amendment protected rights. This opinion is 122 pages long. This is not a complete…
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Ocean State Tactical, LLC v. State of Rhode Island Reply Brief
B.L.U.F.We took a look at the bad guy’s arguments via Everytown earlier this week. Today we look at the reply brief submitted by the appellants/plaintiffs (good guys). There is a huge issue that the good guys have to overcome in these cases, getting the Court to do their job. If you look at the plain…