Category: Legal
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Duncan v. Becerra(Bonta) 17-cv-01017 a history
B.L.U.F. The Ninth Circuit has a history of ruling against The People in Second Amendment cases. I heard that they are 0 for 50. Not verified. This is the story of just one 2A case. It is very long. About 4 hours of writing and research. Even if you don’t want to read my description…
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Brumback v. Ferguson (E.D. Wash., 22-cv-03093)
B.L.U.F. A gag inducing opinion from a rogue court. (2900 words) Who is Dimke Dimke graduated from Pepperdine University in 1999 before entering Vanderbilt University School of Law, where she graduated with a J.D. in 2002. From there she went to clerk for Alan B. Johnson, a Reagan appointee. Likely because he did his undergraduate…
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The Games People Play, Duncan v. Bonta (9th Cir., 23-55805)
B.L.U.F. On September 22nd, Judge Benitez entered his decisions, finding that California’s ban on magazines was unconstitutional. Later that afternoon, the state gave notice of its appeal to the Ninth Circuit. On October 2nd, the temporary stay issued by Judge Benitez will expire. If the Ninth Circuit does not issue a stay before then, California…
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Vincent v. Garland (10th Cir., 21-4121) §922(g)(1)
B.L.U.F.Is this the next case to head to the Supreme Court? The 10th Circuit found that a convicted felon does not have a constitutionally protected right to possess firearms. (1000 words) In 2020, Melynda Vincent filed to have §922(g)(1) overturned as applied to her. In 2007, she was a drug addict and tried to pass…
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United States v. Robert Hunter Biden WTF?
B.L.U.F. Hunter might get off the hook on counts 1 and 2 if count 3, §922(g)(3) is struck down for constitutional reasons. (450 words) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any…
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Ronald Koons v. Attorney General New Jersey, a fisk
B.L.U.F. The Attorney General of New Jersey has filed a brief (100 pages!!!!) explaining why New Jersey’s de facto carry ban is actually constitutional. (1900 words) Introduction The Second and Fourteenth Amendments have always coexisted comfortably with a wide range of firearms restrictions. As the record shows, States historically restricted firearms in particularly sensitive places—such…
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Fraser v. ATF 18 U.S.C. §922(b)1
B.L.U.F. Mr. Fraser is the lead plaintiff in a challenge to 18 U.S.C. §922(b)1. Normally, we are concerned about the different parts of §922(g), prohibited persons. §922(b)1 is the probation on those under 21 purchasing handguns or handgun ammunition. We won. The case is held pending appeal to the Fourth Circuit court. (1500 words) Case…
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Smith v. District of Columbia
This is a 99.9% win for the good guys. (750 Words) Back in 2015, Maggie Smith filed a class action suit against the District of Columbia. Maggie Smith, on behalf of herself and the Prosecution Class and the Nonresident Class (both defined below), brings this action against the Government of the District of Columbia (the…
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Andrew Hanson v. DC (D.C. Cir.) — Magazine Ban
Normally, I would spend time analyzing a filing. This particular filing is by the Appellants/Plaintiffs (good guys). It is a good history of DC gun infringements over the last decades. (1100 Words) For roughly two-score years, the District of Columbia has done its level best to rid firearms entirely from within its borders by imposing…
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Stupid Arguments before the Supreme Court
The Rahimi case has brought out all the normal infringers, along with a number of lesser known groups and people. They filed numerous amicus curiae briefs. I had intended to do a brief look through them all. Nope, no, forget it. Too much pain. What follows is a sampling of the first few, along with…