Posts Tagged judicial system

ATF Lawyers Talking Out Of Both Sides Of Their Mouths May Doom Brace Rule

From Armed Scholar:

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Conviction Of Gun Owner Overturned In Michigan

From Reason:

On Tuesday, the Michigan Court of Appeals unanimously reversed Ra’s convictions, arguing in its decision that her trial judge failed to appropriately instruct Ra’s jury on her self-defense claim, and that said failure likely affected the outcome of her case.

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Challenge To New Machine Gun Manufacturing

From Cato Institute:

Several years ago, Nick Bronsozian was charged with possession of an unregistered machinegun under a tax law statute. The provision in question, 26 U.S.C. § 5861(d), says that in order to have a machinegun registered, a tax must be paid on it. Simple enough, right? Bronsozian didn’t pay his tax. Case closed. That’s what the government argued anyway, but the situation is more complicated than that.
A subsequently enacted law, 18 U.S.C. § 922(o), prevents the government from registering and accepting tax payments on new machineguns. So Bronsozian was charged and convicted of a felony for not paying a tax that the government would not allow him to pay. If that strikes you as odd, it’s probably because you’ve read the Constitution.

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Gun Rights Denied Because Of Juvenile Conviction

From Bearing Arms:

The Washington State Supreme Court has overturned a lower court order that would have allowed a man convicted of juvenile felonies to get a concealed pistol license.
The court ruled Thursday that a federal prohibition still applies to his juvenile crimes, even though they were later ordered sealed.

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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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Second Amendment Headed To Supremes In 2017


For the first time in U.S. history, a federal appeals court on Friday struck down a federal gun-control law for violating the Second Amendment, meaning that next year the Supreme Court will hear a case that includes the opportunity to abolish citizens’ right to bear arms by overruling the Court’s famous Heller precedent.

That means the Obama administration’s solicitor general will now petition the U.S. Supreme Court to grant certiorari to review this case. Under these rare circumstances, it is virtually 100 percent certain that the justices will grant review and hear the case.

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