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Posts Tagged fifth circuit
Texas’s Suppressor Challenge To Be Heard By Fifth Circuit
From Ammoland:
The lawsuit by the State of Texas, challenging the federal requirement to pay taxes and register homemade silencers, is moving forward in the Court of Appeals for the Fifth Circuit. Oral arguments are scheduled for April 29, 2024. The case is now known as Paxton v Dettelbach.
Media Uses Headlines About Rahimi Case To Create A Narrative
From Ammoland:
The dominant media headlines ignore the crux of the case. In headline after headline, they claim the case is whether people who commit domestic violence can be disarmed. Nothing in the case challenges the power of the government to disarm people who are convicted of domestic violence. Rahimi was never convicted of domestic violence.
ATF 80% Rule Enjoined By Fifth Circuit
From Ammoland:
The Fifth Circuit Court of Appeals upheld most of the preliminary injunction awarded to Defense Distributed and Blackhawk Manufacturing (d.b.a 80% Arms) in VanDerStok v. Garland.
Fifth Circuit Says Marijuana Users Are Equivalent To Alcohol Users During The Founding Era
From The Truth About Guns:
We must ask, in Bruen-style analogical reasoning, which is [defendant Patrick] Daniels more like: a categorically “insane” person? Or a repeat alcohol user? Given his periodic marihuana (sic) usage, Daniels is firmly in the latter camp. If and when Daniels uses marihuana, he may be comparable to a mentally ill individual whom the Founders would have disarmed. But while sober, he is like the repeat alcohol user in between periods of drunkenness. …
Fifth Circuit Refuses “Prohibited Persons” Argument To Deny Gun Rights
The Fifth Circuit panel dismissed the DOJ’s assertion that the Second Amendment only applies to “law-abiding citizens,” noting that while that phrase does appear in both the Heller and Bruen decisions, it was used by justices as shorthand “in explaining that its holding (that the amendment codifies an individual right to keep and bear arms) should not “be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings.” The text of the Second Amendment, on the other hand, specifically notes that the right to keep and bear arms is a right “of the people”; an important distinction given the government’s argument that virtually any criminal act, no matter how minor or severe, could result in a lifetime loss of Second Amendment rights.
Interstate Gun Ban May Be Headed To Supreme Court
From Guns.com:
The thin majority agreed that the longtime ban on selling handguns over the counter to out-of-state residents is in the public interest. The minority vehemently disagreed with the concept, which predated today’s modern instant criminal background check process, holding it was against the Second Amendment and was confusing when compared to the ability to sell rifles and shotguns without such prohibitions.