Arms and the Law

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Updated: 3 weeks 5 days ago

NRA hits back at Cuomo

Wed, 08/01/2018 - 19:20

It's filed a lawsuit (the complaint starts getting lively on p. 15) asserting that Cuomo and his people threatened NRA's insurance carrier into cutting off its insurance, sent letters to all New York insurers and banking institutions urging them to cut NRA off, violated its first amendment rights, deprived it of equal protection of the laws, and engaged in tortious interference with business relationships. (I blogged about that issue some months ago).

Heaven pity anyone who gets legal news from CNN

Sun, 07/29/2018 - 18:38

This article on "stand your ground" laws has so many legal and factual errors that I can't stop to point them all out. But here's a whopper: "Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution."

And "Previously, the shooter used "stand your ground" as a defense, and had to prove she or he feared further bodily harm. But no longer."

Mance v. Sessions, en banc ruling

Wed, 07/25/2018 - 12:42

Right here. The en banc court split dramatically, voting 8-7 to reverse the district court's issuance of an injunction. The issue involved DC residents who wanted to purchase a handgun from an FFL in Texas; the GCA forbids an FFL (anyone else) selling a handgun to any non-FFL who resides in a different state.

The problem was that there is only one FFL in the District of Columbia, and he charges a $125 fee to process a firearm.

The Fifth Circuit again assumed, without specifically deciding, that strict scrutiny applied. (p.7).

Oral argument today in Gould...

Wed, 07/25/2018 - 12:02

A First Circuit appeal challenging Massachusett's "may issue" permit system. The handgun permits at issue are required for purchase as well as for carrying.

Incredible ruling from the 9th Circuit

Tue, 07/24/2018 - 13:36

Striking down Hawaii's "may issue, which means don't issue" permit law for handgun carrying.

Great treatment of the antis favorite claims--carrying isn't at the core of the 2A, the Statute of Northampton, their misconstruing of history, etc.

This, like any honest read of the 2A in the 9th Circuit, will be followed by a motion for rehearing en bans, a grant of that motion, and a new opinion disavowing the one here.

A salute to the victors, Alan Beck and Stephen D. Stamboulieh!!!!

The Civil War veteran who served in WWI

Tue, 07/24/2018 - 00:29

Peter Hains, in 1861 a newly-minted artillery lieutenant who fired the first cannon at First Bull Run, in 1898 a brigadier general, retired in 1904, recalled to service in 1916 at age 76 as the oldest officer on active duty.

He lies in Arlington with his sons, Col. John Hains, who at his death was the oldest living West Point graduate, and Captain Peter Hains, and his grandson, Maj. Gen. Peter Hains III, who commanded in North Africa.

Good grief....

Sat, 07/21/2018 - 16:31

This commentator may be a defense specialist, have four post-grad degrees, and be a consultant " at the highest levels of defense and national security," but she still doesn't have a clue about her topic.

Ha!

Wed, 07/18/2018 - 11:24

Borat goes to gun store, gets spotted and called out. He's fooled politicians and big-shots, but an FFL spots him the minute he walks in!

Defense Distributed case settles!

Tue, 07/10/2018 - 16:13

Justice Department has settled with SAF and Defense Distributed--essentially, it's surrendered. The case concerned, as I recall, whether 3-D printer programs for making receivers were subject to the strict export controls applied to military arms, and whether that violated the First Amendment.

From the press release:

"Significantly, the government expressly acknowledges that non-automatic firearms up to .50-caliber - including modern semi-auto sporting rifles such as the popular AR-15 and similar firearms - are not inherently military."

"I should have just emptied the whole clip but I didn't."

Mon, 07/09/2018 - 13:22

Texas is bad place to carjack a mother's car with her children inside.

Interesting that we're reading this story on the BBC, the British Broadcasting Company. But then again, most of the pro-gun American stories come from the British media. In my shortwave listening days, I always listened to election night news on the BBC. Their coverage was straightforward and intelligent.

8th anniversary of McDonald v. Chicago

Thu, 06/28/2018 - 10:44

Today is the 8th anniversary... The closeness in timing to Heller is not a coincidence. The Supreme Court releases controversial decisions late in each Term, the Term beginning in early October and usually lasting until late June. Both Heller and McDonald were released on the last day of each Term (I think each was the very last opinion released).

The custom isn't recent. Dred Scott, 1857, was the last opinion of its Term.

Makes me glad Trump fired his arse...

Tue, 06/26/2018 - 14:03

James Comey shows his antigun colors.

Interesting that a few months ago, he told ABC News that since he was 16, "I've always, since then, had some weapon at hand nearby," Comey said.

Not news to those who have been there

Sat, 06/23/2018 - 15:17

DC is a magnet for psychopathic personality disorder. It beat runner-up Connecticut by two to one.

" The FBI, The DOJ and Hillary Clinton's Huge Weiner Problem"

Thu, 06/21/2018 - 15:42

Former Ass't US Attorney Sydney Powell has some serious thoughts and questions on the subject.

Podcast on my latest book

Thu, 06/21/2018 - 12:41

Right here. It's on Tactical Payments, which provides credit card processing for FFLs.

Divisiveness in politics

Mon, 06/18/2018 - 18:35

From CBS News:

"The footage shows Mexican congressional candidate Fernando Puron posing for a selfie with a supporter after a campaign debate last Friday, when a man walks up from behind, raises a gun and fires at the back of his head.

Puron was running on an anti-cartel platform which made him a target in Piedras Negras, which borders Texas.

He is now one of 113 candidates and politicians who have been murdered in Mexico just since last September, when the election cycle started. Fifty relatives have also been killed and 132 politicians, mostly at the local level, have been threatened."

Unexpected!

Sun, 06/17/2018 - 13:48

22 injured in New Jersey mass shooting. "New Jersey Gov. Phil Murphy said he was troubled the shooting happened just days after he signed tougher gun laws into legislation." I guess the perps just didn't get the word. I'd hate to think they would have knowingly disobeyed the law.

Carjacking isn't safe in Florida

Thu, 06/14/2018 - 12:24

Robber sets a record!

Fleeing after robbing a liquor store, and having his own car fail, he hops into another, cutting the driver with a knife. The driver pulls a gun, and the robber flees again.

He hops into a second car. A lady at a Starbucks drive-in, should be safe. No, she too pulls a gun and puts him to flight.

SAF wins preliminary injunction in Deerfield, ILL AW ban case

Wed, 06/13/2018 - 10:57

Information here. Deerfield promulgated an "assault weapons" ban, and the suit argues this violates Illinois' preemption of that form of ordinance.

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