Category: History
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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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Kolbe v. Hogan 4th Cir (2017)
B.L.U.F. Does bad law live on? What happens to all the opinions issued by circuit courts on Second Amendment cases before Bruen. On June 23, 2022, a year ago, the Supreme Court issued the Bruen decision. The Bruen reaffirmed Heller. The Second Amendment is an individual right, it is not a second class right. The…
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Quote of the Day
The Second Amendment provides: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” We explained in Heller and McDonald that the Second Amendment “guarantee[s] the individual right to possess and carry weapons in case of confrontation.” Heller,…
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Bad Judge Writes More Bad Opinions — UPDATED
The Question Does an ordinance that prohibits possession of assault weapons or large-capacity magazines violate the Second Amendment protections? The City of Highland Park, IL, has an ordinance that does just that. Arie Friedman filed a lawsuit challenging the ordinance in state court in 2013. The city had it removed to the District Court of…
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Bad Judges Continue to Make Bad Opinions
B.L.U.F. Judges have history, and it is important to understand their history. We explore a series of opinions issued by one Judge that are consistently anti-Second Amendment, even though the Supreme Court has told him he is wrong. National Rifle Ass’n of Amer., Inc. v. City of Chicago, 567 F.3d 856 (7th Cir. 2009) Back…
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United States v. Miller et al. History
B.L.U.F. — Examining the 1939 case of United States v. Miller 307 U.S. 174 where we first lost our Second Amendment Rights. Touching on how Heller, McDonald, and Bruen all reference back to Miller but how it got twisted to allow the courts to allow infringements to continue Background On April 18, 1938, the Arkansas…
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Why are there no juries in these 2A cases?
We were asked “Why don’t we see juries involved in all of these Second Amendment cases? The simple answer is “they are not needed”. Read on for why. Court cases are decided in two different ways, on the merits of the case, and procedurally. Consider the question “Does the District of Columbia’s restriction on having…
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Is Barrel Proofing an Analogous Regulation?
It was suggested by it’s just Boris that a founding era firearm safety requirement could be used to support the California Roster system. In particular, they suggested that proof testing would be a close enough match. It isn’t. Proofing a firearm is entirely different from the idea of requiring or forbidding features. The original proofing…
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Words are hard
Everything in this article that is not a quote is my understanding. I AM NOT A LAWYER so the odds of me getting something wrong is non-zero. In Boland v. Bonta: Another District Court Win “UHA” I quoted and wrote. I have no idea what all of this means. IANAL. FOURTH AFFIRMATIVE DEFENSE The Complaint,…