Category: Legal
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Lawfare, Part n+1
B.L.U.F. Mexico sued S&W and other manufacturers. They claim that but for those evil gun makers, the cartels would not have guns. The district court said, “PLCAA applies. Get the out of my courtroom”. Mexico appealed, the First Circuit says the case can go on. The price of your firearms just went up, again. (1400…
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United States v. Ayala, (M.D. Fla.) A Big Win
How does this case affect anybody else? It doesn’t. This is an as applied challenge to the 18 U.S.C. §930(a), possessing a firearm in a Federal Facility. Mr. Emmanuel Ayala was a truck driver hauling mail for the U.S. Postal Service. He had a concealed carry permit from the state of Florida. It appears he…
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Why May v. Bonta is a big deal
B.L.U.F. The babblings of a not lawyer about just how good a weekend order from the Ninth Circuit was for The People. (1500 words) There is a name that should be familiar to us, but which is not, Federal Judge Jack Weinstein. He sat on the Eastern District of New York district court from 1967…
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May v. Bonta, Good news!
On December 20, 2023, District Court Judge Cormac J. Carney of the Southern District of California granted the plaintiffs (good guys) motion for a preliminary injunction. This enjoined (stopped) the state of California from enforcing California Senate Bill 2. This was the “every place is sensitive, no guns allowed” bill. Quoting Judge Carney, . SB2’s…
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Quick Recap of a few cases
Duncan v. Bonta 23-55805 (9th Cir). The 9th circuit granted a stay pending the outcome of the appeal. They will be hearing oral arguments on March 18, 2024. This means that The People living in California will be deprived of their civil rights until the 9th returns their opinion. This is sickening because the Supreme…
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A Take down of the Second Circuit Court’s Odious opinion
B.L.U.F. In reading some recent filings, I came across this excellent take down of the Second Circuit Court’s opinion. (1550 words) The following is mostly from plaintiffs (good guys) in Kipke v. Moore in the District Court of Maryland. As mentioned the other day, the state is using the opinion out of the Second Circuit…
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Bevis v. Naperville, (U.S.) 23A486
We have some bad news. The case which was put on the Supreme Court’s emergency docket asking for a writ of injunction has been denied. The total information we have currently is: Dec 14 2023 Application (23A486) referred to the Court. Application (23A486) for a writ of injunction pending certiorari presented to Justice Barrett and…
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The Cascade of Opinions
B.L.U.F. A quick update regarding some 2A cases kicking around. Touching on how bad case law begets bad case law. (1200 words) In June 2022, the Supreme Court issued the Bruen opinion. This case answered one question: Is New York’s “proper cause” requirement for a CCW constitutional? The Supreme Court answered with a resounding “NO!”.…
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As Applied?
B.L.U.F. What is the difference between an as applied challenge and a facial challenge to law? (1550 words) In Antonyuk v Hochul, the plaintiffs challenged parts of New York’s CCIA on facial grounds. This is to say, they claimed that the challenged legislation is always unconstitutional. For example, it has been established that a ban…
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Antonyuk v. Hochul (2nd Cir.)
B.L.U.F. This is the long-awaited opinion from the Second Circuit court regarding the CCIA challenges. This panel was anti-gun, there is nothing negative in the opinion that is surprising. What is surprising is that we won even a little bit. The plaintiffs will either request an en banc rehearing or take it to the Supreme…