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Posts Tagged Law
Judge Blocks NM Governor’s Order
From The Truth About Guns:
US District Court Judge David Urias has issued a temporary restraining order blocking New Mexico Governor Michelle Lujan Grisham’s “emergency public health order” that suspended Second Amendment carry rights for citizens in Bernalillo County and the city of Albuquerque.
Hunter Biden Will Actually Face Gun Charges
From The Truth About Guns:
Federal prosecutors will seek an indictment of Hunter Biden for illegally possessing a gun as a drug user by Sept. 29, according to a new court filing on Wednesday.
What To Say After A Defensive Shooting
From The Truth About Guns:
Avoid using the “K word” at all costs. Say as little to the responding officers as possible until you talk to an attorney.
“I’m really shaken up officer. I’ll cooperate fully as soon as my attorney arrives.” Then…shut up. Period.
Pieces of Metal and Plastic Cannot Be Deemed Guns
From Reason:
A couple of years ago, an “80 percent” receiver I purchased refused to accept parts, let alone chamber and fire cartridges, until my son and I drilled and milled it to completion; that’s because unfinished firearms are not firearms. For a long time, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) agreed. But, pressured by the Biden administration, the ATF tried to extend firearms regulations to a lot of things that aren’t guns but could, with work, become one. Now a federal judge is injecting some sense, ruling in a lawsuit that bureaucrats can’t just decide that inert objects are guns.
Slate Begrudgingly Admits Felons Should Have Gun Rights
Like a growing number of public defenders, liberal judges like Freeman, Ambro, Greenaway, and Montgomery-Reeves may think that the Second Amendment can be repurposed as a weapon against over-policing and mass incarceration. If upheld by the Supreme Court, Range will certainly be a boon to the criminal defense bar, as well as a source of immense confusion for prosecutors. The majority’s standard is extraordinarily vague: It acknowledges that some people may be disarmed for committing a felony, but a person “like Range” could not. How can judges tell when someone falls on Range’s side of the line?
The Case Against Bullet Forensics
From Radley Balko:
Last February, Chicago circuit court judge William Hooks made some history. He became the first judge in the country to bar the use of ballistics matching testimony in a criminal trial.
Hooks isn’t the first judge to be skeptical of claims made by forensic firearms analysts. Other courts have put restrictions on which terminology analysts use in front of juries. But Hooks is the first to bar such testimony outright. “There are no objective forensic based reasons that firearms identification evidence belongs in any category of forensic science,” Hooks writes. He adds that the wrongful convictions already attributable to the field “should serve as a wake-up call to courts operating as rubber stamps in blindly finding general acceptance” of bullet matching analysis.
GOA and Texas Sue Over Pistol Braces
From The Truth About Guns:
Attorney General Paxton, along with a coalition of other plaintiffs, is suing the Biden Administration over a Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) rule targeting pistol owners who use stabilizing braces. Attorney General Paxton is partnering with Gun Owners of America in this lawsuit.
ATF Says “80%” Frames Are Firearms, Require 4473
From The Truth About Guns:
Partially complete Polymer80, Lone Wolf, and similar striker-fired semiautomatic pistol frames, including, but not limited to, those sold within parts kits, are regulated by the Gun Control Act (GCA) because they have reached a stage of manufacture where they “may readily be completed, assembled, restored, or otherwise converted” to a functional frame.
Court Dismisses Mexican Suit Against Gun Makers
From The Truth About Guns:
The Mexican government cannot keep its military firearms out of the hands of desperados in their nearly failed state, but they thought they could sue American gun makers for a king’s ransom. Their plan, sort of like their attempts to shut down the drug cartels, failed miserably. A federal court judge rejected their lawsuit on a host of grounds on Friday.
You Can’t Ban The Human Mind
From The Truth About Guns:
It’s been less than a month since new federal rules took effect attempting to rein in the proliferation of so-called “ghost guns,” a catchall term for unserialized, home-built firearms that Democratic leaders, law enforcement officials, and gun control groups say are turning up in the hands of criminals across the United States.
But barely a few weeks into the new regulatory regime, the firearms industry has already adapted and scored an early legal victory. And gun enthusiasts have created and released open-source blueprints for a simple plastic tool that offers a relatively quick, easy—and apparently legal—workaround for anyone who still wants to build an untraceable weapon.
ATF Targets Objects Rather Than Criminals
From Bearing Arms:
One of our favorite three letter agencies is at it again. A recent report by attorney Dillon Harris of the Prince Law Offices noted that the ATF has been sending out new nasty grams to alleged customers that may have purchased Forced Reset Triggers and or so-called solvent traps. It’s not exactly known at this time how the ATF procured customer information, but the agency that’s so fond of murdering dogs and sending out malicious Valentine’s Day greetings seems to have the firm Harris is a member of without the lack of clients.
The Ebb and Flow Of Rights
From Open Source Defense:
That might seem foreseeable. Because sure, backlashes are a thing, you’d expect resistance to faithfully implementing Bruen. What’s less predictable is Bruen would be an active step backwards for gun carriers in some states. The law got better but the reality got worse.
Weird. How does that happen?
Their “Solution” Is Always To Restrict Ownership and Increase Bans
From Reason.com:
By contrast, proposals to raise the minimum purchase age for long guns at least have something to do with the Buffalo and Uvalde attacks, since both shooters were 18 years old. But it is hard to see how that policy can be reconciled with the Second Amendment unless you assume that 18-to-20-year-olds, unlike older adults, do not have a constitutional right to keep and bear arms. Two federal appeals courts recently rejected that proposition, citing a long tradition of gun ownership by young adults.
Academic Law Paper on the Essentialness of the Second Amendment
From Josh Blackman:
Constitutional litigation over the Second Amendment has followed a familiar pattern. In the decade since Heller and McDonald, countless cases have turned on a foundational question: how much danger does the weapon pose? But in 2020, the courts were suddenly presented with a novel constitutional question: how much danger does obtaining the weapon pose? During the COVID-19 pandemic, state and local governments enacted complete prohibitions on the acquisition of firearms. Willing buyers were ready to comply with all extant gun-control regulations. But these governments shuttered firearm stores completely. These policies were adopted not to stop the sale of guns but to stop the spread of the novel coronavirus. In short order, these governments deemed the Second Amendment as “non-essential.”