Category: Legal
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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…
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Corpus Linguistics
Corpus linguistics is the study of a language as that language is expressed in its text corpus (plural corpora), its body of “real world” text. Corpus linguistics proposes that a reliable analysis of a language is more feasible with corpora collected in the field—the natural context (“realia”) of that language—with minimal experimental interference. The text-corpus…
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Federal Firearms Act — June 30, 1938
B.L.U.F. A look at an early 20th century firearm regulation. (700 words) I Am Not A Lawyer. I’ve never taken a prelaw course, I’ve never attended a Law School. My interactions with lawyers have been few and far between. What I am is a geek that enjoys understanding. I will often spend far too much…
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Rhode v. Becerra — Robert Spitzer’s Declaration
B.L.U.F.This case is before Judge Benitez. I believe he has a hearing scheduled for mid-September on the merits of the case. In response to the defendants (bad guys/state) whining that the case should be evaluated through the eyes of an expert or historian. Judge Benitez ordered the defendants to declare their experts and to allow…
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Brief of United States v. Rahimi, US Supreme Court – UPDATED
B.L.U.F. The United States filed a brief with the Supreme Court where they argue that the definition of “The People” is in the hands of the state. And other reasons why the state gets to decide when the Second Amendment applies. (3,800 words) The Question Whether 18 U.S.C. 922(g)(8), which prohibits the possession of firearms…
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United States v. Daniels, 22-60596 (5th Cir. 2023)
Hopefully, a short one. 4473 and the Gun Control Act of 1968, as amended All of us have had the pleasure of filling out a form 4473, waiting for some bureaucrat decides that we are good enough to exercise our right to keep and bear arms, and finally give us permission. Most of form 4473…