Posts Tagged courts

Maryland Gun Stores Challenge Law On Customers’ Behalf

From Reason:

So the Fourth Circuit held today in Maryland Shall Issue v. Hogan, in an opinion written by Judge Steven Agee and joined by Judges Barbara Keenan and Julius Richardson. The court cited Supreme Court cases that allowed alcohol stores to assert their prospective customers’ Equal Protection Clause rights in challenging sex-discriminatory drinking ages, and contraceptive sellers to assert their prospective customers’ substantive due process rights. The district court will now need to consider whether the Maryland law is consistent with the Second Amendment.

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Database Of NY Gun Permit Cases Including Bribery For Gun Licenses

From 2Aupdates:

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FL Supreme Court Calls Gun Control Initiative Misleading

From Cam and Company:

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Police Reform Is Needed

From The American Conservative:

Such killings would likely not occur without the sense of impunity conferred on police in much of this nation. Sen. Amy Klobuchar, a top contender for Vice President candidacy for Joe Biden, was the chief prosecutor for Hennepin County (including Minneapolis) from 1998 to 2006. Klobuchar, who was nicknamed “KloboCop” by detractors,  “declined to bring charges in more than two dozen cases in which people were killed in encounters with police” while she “aggressively prosecuted smaller offenses” by private citizens, the Washington Post noted. Her record was aptly summarized by a headline early this year from the Twin Cities Pioneer Press: “Klobuchar ramped up prosecutions, except in cases against police.”  

Minnesota cops also benefit from their state’s so-called “police officer’s bill of rights,” which impede investigations into killings by police and other misconduct. 

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NRA Challenges Florida Ban On Adults 18-20 Buying Guns

From NRA-ILA:

In its initial complaint, NRA made clear that Florida’s age restriction violated the U.S. Constitution on multiple counts. First, NRA noted that the ban was unconstitutional on its face – as the “ban infringes upon, and imposes an impermissible burden upon, the Second Amendment rights​.” Second, the complaint made clear that the new prohibition was an unconstitutional violation of the Second Amendment as applied to young women ages 18-20, who, as a cohort, are responsible for a minuscule percentage of overall violent crime.

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Gun Lawsuits Continue During Pandemic

From Cam and Company:

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JB Herren On The Shooting In Vancouver, WA

From JB Herren at Old School Gun School:

Reliable information can be difficult to find.  Here is an update on the November 26th shooting outside an elementary school in Vancouver, WA.

A husband and father, with a history of domestic violence, shot his estranged wife and her mother as they sat parked outside a Vancouver, WA elementary school, after loading their three children into the car.  The wife was pronounced dead, and her mother was shot three times, but is expected to recover.  All three children witnessed the shooting.  The children were not physically injured.

Read the rest of this entry »

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California Had Some More Freedom For A Week

From The Federalist:

Late last month, federal judge Roger T. Benitez struck down a California law in place since 2000 that banned the sale of gun magazines holding more than 10 rounds. The next day, San Diego firearms owners were jamming the phone lines of every gun store in town, desperate to lay hands on the larger, freshly legal pistol magazines before the People’s Republic of California pulled new shenanigans and made them illegal again.

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Conn Court Rules Against Civil Rights

From Powerline Blog:

The Connecticut Supreme Court’s decision is not a good faith exercise of judicial judgment. The four-judge majority engaged in political activism by issuing an anti-gun ruling that is obviously wrong under the Constitution and federal law. It will be reversed by the U.S. Supreme Court. But there is a lesson here: liberals love to talk about the rule of law, but what they mean is rule by lawyers. Rule by lawyers who dictate policies that the people and their elected representatives don’t want, and that are likely to be at odds with the Constitution. This Connecticut decision is a prime example.

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The Second Amendment In 2018

From Reason:

In 2018, the federal circuits delivered mixed decisions on magazine confiscation. The Third Circuit denied a preliminary injunction against New Jersey’s new confiscation law, while the Ninth Circuit affirmed a district court’s injunction against California’s older confiscation statute. Both decisions were 2-1.

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Case Could Reign In Federal Bureaucracies

From Bearing Arms:

Recently, there has been a push from some quarters to reconsider Auer deference, Chevron deference, and other aspects of the modern administrative law state, and overturn them as being inherently unconstitutional; specifically, that such deference to bureaucratic decisions violates the required Separation of Powers. 

Were that to happen, the current administrative state would be rocked to its core. While there have been some rumblings from Justice Thomas and others in this regard, there did not appear to be a majority on the Supreme Court interested in potentially unleashing this kind of political earthquake. (Scalia and Kennedy were, at best, squishy on the issue.)

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Third Circuit Upholds Magazine Ban

From Ammoland:

December 5, 2018. In a 2-1 decision, a panel of the U.S. Court of Appeals for the Third Circuit refused to stop the enforcement of New Jersey’s 10-round magazine ban.

The majority, in an opinion by Judge Shwartz and joined by Judge Greenaway, both appointed by President Obama, held that the ban did not violate the Second Amendment because it reasonably advanced the State’s interest in reducing mass shootings without severely burdening the rights of law-abiding citizens.

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Texas Blocks Profs’ Lawsuit

From Guns.com:

The panel for the 5th U.S. Circuit on Thursday upheld Texas’ campus carry law, affirming a lower court ruling from last July. The judges found the professors could not prove their case, which largely centered on First Amendment grounds. The faculty members, three female liberal arts professors whose classwork sometimes touches on controversial subjects such as abortion and unwanted pregnancies, argued the carry of guns in their classes would chill open and frank discussion, thus hindering their right to free speech.

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9th Circuit Prevents Magazine Confiscation

From Reason:

Today the Ninth Circuit Court of Appeals upheld a federal district count injunction against a California law to confiscate firearms magazines that hold over 10 rounds. The Ninth Circuit’s 2-1 opinion is here, and the dissent is here. My analysis of the 2017 district court opinion is here.

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NRA Carry Guard: Self Defense Insurance

About Carry Guard:

An armed encounter is likely to be the most stressful moment of someone’s life. We can do our best to avoid trouble, but bad things sometimes happen to good people. That’s why right behind your firearm, your second most important protection is a rock-solid carry policy.

NRA Carry Guard is a two-pronged program. It was created to provide insurance coverage to those who legally defend themselves with a firearm, and to offer an elite, one-stop training option. The insurance provides a comprehensive set of benefits and protection that will help spare gun owners from costly financial and legal consequences, even if they did everything right. The training was developed by an expert team of military and law enforcement veterans and focuses on the unique legal, mental and physical circumstances you must be prepared to face after pulling the trigger.

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