Category: Legal
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Lies, Damn Lie, and Lawyer Speak
For the last couple of weeks, I’ve been working with a great group of people at the CourtListener site. They are one of a number of projects that are supported by the Free Law Project. All of this started because I asked for help uploading a document I had paid for. The project lead helped…
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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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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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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…
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Just What Do All These Legal Cases Mean?
B.L.U.F. — What’s with all these court cases and what does it all mean in the grand scheme of things? How Come We Have To Work So Hard At This? If everything was as it should be, when the Bruen Court issued their opinion all of the states would have looked at the laws they…