Category: Case Analysis
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United States v. Rahimi Petition for writ of certiorari
Recap Prior to the Bruen opinion, the Fifth Circuit Court of Appeals heard the case of United States V. Rahimi. On June 8, 2022, just a few weeks before the Bruen opinion, the Circuit court affirmed Mr. Rahimi’s convection. A federal grand jury indicted Rahimi for possession of firearms in violation of sections 922(g)(8) and…
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How to hide the lead, 2nd Cir. and 3rd Cir.
Back in December 2022 in the case of Antonyuk v. Hochul the state didn’t like the District Court enjoining the New York State CCIA. New York’s Bruen spam response law. Appellants request a stay pending appeal of the district court’s order dated November 7, 2022 (N.D.N.Y. 22-cv-986, doc. 78), enjoining Appellants from enforcing certain aspects…
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Update on Ronald Koons v. Attorney General New Jersey (23-1900)
The Third Circuit Court of Appeals has ordered an expedited briefing schedule. The original order was Appellants’ opening brief and the joint appendix must be filed on or before July 7, 2023; Appellees’ briefs must be filed on or before August 4, 2023; Appellants’ reply brief, if any, must be filed on or before August…
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Matthew Hoover’s Motion for Acquittal
B.L.U.F.Matthew Hoover and Kristopher Ervin thumbed their noses at the ATF, daring the ATF to do something. The ATF did, they arrested both of them for multiple counts of conspiracy to sell a “combination of parts” that would convert a gun into a machine gun. Both were found Guilty. They have not been sentenced yet.…
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O.F.F. et al. v. Brown — Update and analysis
B.L.U.F. Trial is held, state asks for a Judgement Recent History On June 1, 2023, the judge revised his order and granted the defendants (bad guys) motion to dismiss as-applied challenges to Ballot Measure 114. The state argued, and the court found persuasive, that since the permitting provisions are not implemented yet, there is no…
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Viramontes v. The County of Cook, AWB county reply
B.L.U.F. Cook County tells the court that modern sporting rifles aren’t arms, and other fairy tales. Plaintiffs cannot establish that Assault Weapons are “arms” protected by the Second Amendment. You know it will be a chuckle fest when the state starts their argument with such an absurd claim. Plaintiffs’ definition of arms is overbroad. They…
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Lance Boland v. Rob Bonta, CA UHA (9th Cir.)
B.L.U.F. The 9th Circuit court is about to hear oral arguments on the California Unsafe Hand Gun act. Everybody wants to get their oar in the water, here is one such oar. Who Peace Officers Research Association of California, The California State Sheriffs’ Association, The California Police Chiefs Association, The California Association of Highway Patrolmen,…
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O.F.F. v. Brown, Order denying Preliminary Injunction and Summary Judgement
B.L.U.F.A District Court judge decides that it isn’t law that is being questioned but facts. In the Beginning Finding that this case implicates important and unsettled questions of law, this Court exercises its discretion to deny both Defendants’ and Plaintiffs’ motions. This Court additionally finds that the record contains genuine disputes of material fact, which…
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Renna v. Bonta, 9th Cir. CA Unsafe Handgun Act
B.L.U.F. A look at the state’s appeal to the Ninth Circuit court. The District Court granted a preliminary injunction blocking part of the California roster infringement. The Question As you read different case filings, you quickly find that the parties are supposed to respectful and polite. Much like a congressional representative says, “My friend from…
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Oregon Firearms Federation, Inc. v. Brown
B.L.U.F. Measure 114 Measure 114 turns the right to bear arms protected by the Second Amendment of the United States Constitution on its head. Measure 114 abolishes Oregonian’s constitutionally protected right to purchase firearms and own them for self-defense, turning it into a privilege, subject to the whims of government bureaucrats, that may be bestowed…