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Posts Tagged courts
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.
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.
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.
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.
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.Â
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.)
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.
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.
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.
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.
Upholding “Assault Weapon” Ban Could Backfire
From The Federalist:
The Supreme Court has refused to hear “assault weapon†cases in the past. However, previous cases were lower profile and the result of narrow readings, not the backwards interpretation exhibited in Kolbe. In its bravado, the Fourth Circuit may have crossed a bridge too far, sparking national debate and possibly forcing the issue to finally make it to the Supreme Court.
The Kolbe court justified their holding through a misplaced reliance on Heller’s discussion of weapons not protected by the Second Amendment: “dangerous and unusual weapons†and those “most useful in military service – M-16 rifles and the like.†This reliance was completely out of context, most obviously because the M-16 and its stablemates are machine guns, not in common lawful use by civilians anywhere. This is a far cry from the pedestrian semi-automatic weapons Maryland actually targeted.
Court Rules Gun Owners Are Dangerous and Forfeit Other Rights
From National Review:
So, if concealed-carry permit holders are presumptively dangerous, does this mean that they forfeit other constitutional rights? Wynn explained (approvingly) that under the majority’s reasoning they certainly do:
I see no basis — nor does the majority opinion provide any — for limiting our conclusion that individuals who choose to carry firearms are categorically dangerous to the Terry frisk inquiry. Accordingly, the majority decision today necessarily leads to the conclusion that individuals who elect to carry firearms forego other constitutional rights, like the Fourth Amendment right to have law enforcement officers “knock-and-announce†before forcibly entering homes. . . . Likewise, it is difficult to escape the conclusion that individuals who choose to carry firearms necessarily face greater restriction on their concurrent exercise of other constitutional rights, like those protected by the First Amendment.
No Guns If You Have A Marijuana Card
From Reason.com:
Yesterday a federal appeals court ruled that banning gun sales to people who hold medical marijuana cards, whether or not they actually use marijuana, does not violate their Second Amendment rights. In reaching that conclusion, the U.S. Court of Appeals for the 9th Circuit relied on antiquated, scientifically unsupportable assumptions about the violent tendencies of cannabis consumers.
Circuit Judge To Students: Ignore Constitution
Posted by Brian in Opinion, Threat Watch on 6/Jul/2016 07:00
From Judge Richard Posner:
I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21stcentury. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today.
Court Rules Illegal Aliens Have A Right To Own Firearms
From Breitbart:
The Second Amendment provides that “the right of the people to keep and bear Arms, shall not be infringed.†In a seminal 2008 case, the Supreme Court held in District of Columbia v. Heller that the Second Amendment secures an individual right to keep and bear arms. On August 20, 2015, Chief Judge Diane Wood (a liberal appointee of Bill Clinton who was on Barack Obama’s short-list for the Supreme Court) wrote for a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit that the panel could “see no principled way to carve out the Second Amendment and say that [illegal aliens] are excluded†from exercising Second Amendment rights.
Judge Rules In Favor Of Gun Rights On Behalf Of Gay Group
From LGBTQ Nation:
The group, which advocates for gay Americans to carry firearms, just won a major victory on Tuesday: a federal judge in Washington halted enforcement of a portion of the city’s strict gun law, ordering Washington DC police to stop requiring residents to demonstrate they have “a good reason to fear injury,†which he ruled places “an unconstitutional burden†on citizens’ right to bear arms.