Category: Case Analysis
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Koons v Platkin — Bruen Spasm Response
B.L.U.F. A District Judge in New Jersey issues her order and opinion on a motion for a Preliminary Injunction. She is not happy with the state. She does an okay read of Bruen, finds in part for the plaintiffs (good guys) and in part for the defendants (bad guys/state). Good News In conclusion, the Second…
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Antonyuk v. Hochul, 22-2972, (2d Cir.)
Brief update on the cases before the Second Circuit Court of Appeals. There are a number of Second Amendment Cases that are before the Second Circuit Court of Appeals. While other circuits will consolidate cases, it looks like the Second Circuit did not. This means that there are four or five different cases to track.…
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Bad Judge Wants to Write More Bad Opinions
B.L.U.F. We previously wrote about how a single judge wrote a few terrible opinions. We now look at how he is using those same arguments in current cases, post Bruen. More History In 2019, the Seventh Circuit heard the case of Wilson v. Cook County, 937 F.3d 1028 (7th Cir. 2019). This was a case…
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SCOTUS is watching
Back in December 2022, I posted NY CCIA challenge at SCOTUS. The GOA challenged the Second Circuit Court’s stay regarding an injunction from Judge Suddaby. Judge Suddaby enjoined the state from enforcing parts of the CCIA. The state ran to the Second Circuit Court, which heard the request for an emergency stay on an expedited…
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A Chevron case to be heard by SCOTUS
In Chevron v. Natural Resources Defense Council I discussed a little about Chevron deference. This is the case law that allows the federal government to say “We are the experts, our interpretation of the law is always correct.” I am not qualified to know whether the original decision was a good decision or not, I…
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Barnett v Raoul Illinois AWB/LCM bans Good news
B.L.U.F. I need another image with a cheerleader for courts that get it right. After fighting my way through the monstrosity from yesterday, this Memorandum and Order is great news for the Second Amendment community. This is (hopefully?) a short article, I might write something longer about our win in the future. My wife read…
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Herrera v. Raoul Illinois AWB/LCM ban
B.L.U.F. The Court found that the country has a history and tradition from pre-founding through the modern day of banning dangerous weapons. The plaintiffs (good guys) have requested a Temporary and Preliminary Injunction to enjoy the state from enforcing the Illinois assault weapon ban as well as the large capacity magazine bans. This is a…
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Scott Hardin v. ATF, 20-6380 (6th Cir. 2023) bump stocks
B.L.U.F. Why the Sixth Circuit Court found that the bump stock ban is not constitutional. This was not a Second Amendment challenge to the rule. Instead, it was an Article I, Section 1 challenge. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate…
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Hanson v. District of Columbia, magazine ban is consitutional
B.L.U.F. — Judge Rudolph Contreras believes that banning magazines with more than some magic number is constitutional. This leads to another WTF post analysis of a Judge’s opinion. The Question Is D.C.’s LCM ban Constitutional? The ban basically says that it is illegal to possess, sell, or transfer — D.C. Code § 7-2506.01(b) a magazine…
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Example Lawfare
B.L.U.F. When a family is hurting, they want somebody to pay. It is easier to put that anger against a company than a dead body. Especially when there are blood vultures at work. History On April 15, 2021, some asshole entered the FedEx facility in Indianapolis, Indiana, and proceeded to start shooting. Eight people were…