Category: Legal
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Snope v. Brown
This might be the most important case regarding the Second Amendment since Heller. Kolbe v. Hogan This case started when the Fourth Circuit Court issued their opinion in Kolbe v. Hogan. Fourteen judges sat, en banc to hear a challenge to Maryland’s “assault weapon ban”. Only four of the judges found that the Second Amendment…
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Christopher L. Wilson v. Hawaii
In 2017, Mr. Wilson was arrested for trespass. When searched, it was discovered he had a firearm on him. He did not have a license to carry. His case was heard in the lower courts of Hawaii, later it was appealed to the Supreme Court of Hawaii. There, the court found that because he had…
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Daniel Penny Is Abused By NYC, Again
In general, people are idiots. In groups, they have a combined IQ of less than 70 and the common sense of a three year old. Daniel Penny is a US Marine who stepped up and protected the people on the subway. He held a homeless, violent, man until the man could be arrested. He was…
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Convicted Felon
I wish this were easy. It isn’t. At issue is the number of people claiming that Donald Trump is a convicted felon. Like most things legal, the answer is never simple. The reason is that many laws have internal definitions that do not match the definitions in other parts of the law. And there is…
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Are you Standing?
During the dark days before Heller, the rogue inferior courts, like the Ninth Circuit, came to the consensus that the phrase “a well regulated militia” was more indicative of who had the right to keep and bear arms than “the right of the people”. The result of this piece of stupidity was that we, The…
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Hunter v. Cortland Housing Authority, 2A win
If you want to see a case take years and years, it goes something like this: The plaintiffs file a suit and request a Temporary Restraining Order to enjoin the defendants while the court hears briefings and arguments for a Preliminary Injunction. If the losing party wishes, they can appeal to the circuit court. This…
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Is that a machine gun you have there?
(b) Machinegun The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended…
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VanDerStock, things I learned
According to the Solicitor General of the United States: And Congress made clear in the statutory history that the reason it used that term (weapon) is because there are objects out there, toys and tools, that have a well-known non-weapon use but that actually do expel projectiles through the action of an explosive. A —…
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The Supreme Court WILL hear 2A Cases this Term
There are two cases that have been granted certiorari so far. I expect there to be three or four this term. The most important, in the long term, is Smith & Wesson Brands Inc. et al. v. Estados Unidos Mexicanos. This is a lawfare case initiated by Mexico against a number of firearm related companies.…
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Next Step In the Battle for the Second Amendment
The Second Amendment should be a viable defense for anybody charged with a “gun crime”. Found carrying with an expired CCW? Second Amendment defense. Cross an imaginary line and your right to carry disappeared? Second Amendment defense. We should have seen 100s if not 1000s of cases over the years where the defendants argued that…