Posts Tagged Law

Judge Says ARs Are Not Firearms In Dissent

From US v. Burning Breast:

The relevant evidence in this case came from one ATF expert witness. His testimony was based on ATF records that traced one serialized part on Burning Breast’s gun: the lower receiver. [..] Given these facts, there are two ways the Government could get a conviction. First, it could have proven that the lower receiver found on Burning Breast’s gun is a “receiver,” and so a “firearm” as a matter of law. 18 U.S.C. § 921(a)(3)(B). Thatwas what the ATF agent repeatedly told the jury, and that was the Government’s theory at trial. [..] There is just one problem: an AR-15’s lower receiver does not meet the Government’s own definition of a “receiver.”

To be a “receiver,” ATF regulations require the part to “provide housing for the hammer, bolt or breechblock, and firing mechanism.” [..] That means an AR-15 lower receiver is not a “firearm,” and the Government’s theory at trial was a non-starter.

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Judge Nixes Hawaii Gun Laws

From Ammoland:

The lawsuit centers around Hawaii’s requirements on gun owners along with Honolulu Police Department’s registration and gun policies. Gun owners must apply for a firearm permit in person at the central police station on Oahu. This rule means that a gun must travel to the police station in Honolulu to apply for a gun permit no matter where they live on the island. The resident must then return to the station in person 14 days later to pick up the permit. Once the person acquires a firearm, they must then again return to the station with the gun to register it with the police department.

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Gun Rights Groups File Amicus Briefs In NY Carry Case

From Ammoland:

Two national gun rights organizations—the Second Amendment Foundation and its grassroots sibling, the Citizens Committee for the Right to Keep and Bear Arms—have filed separate amicus briefs to the U.S. Supreme Court in support of a challenge of New York State’s ultra-restrictive carry laws by the New York State Rifle & Pistol Association (NYSRPA)

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Attorney Discusses The Effect of Jan 6 On Gun Rights

From Ammoland:

Paloma’s new book is called, Events of January 6: What Impact the Second Amendment Movement? The Activist’s Workbook, and it releases on Independence Day. I had a chance to speak to Paloma about her new book and her views on the state of the Country.

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Time To Rectify Heller

From The Federalist:

Heller adopted the nonsense whole cloth. Ironically, the opinion was written by Justice Scalia, renowned as the court’s great originalist. Ironic, in that there is nothing in the legislative history of the Second Amendment to support a “common use” test.

As Judge Benitez wrote, “The command of the Amendment is that the right to keep and bear arms ‘shall not be infringed.’” Not some arms, but “Arms.” And not “infringed too much,” but “infringed” at all.

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Stop Using “Law Abiding Gun Owner”

From TheGunBlog.ca:

“To abide” is “to bear patiently,” “to endure without yielding,” or “to accept without objection,” according to the online Merriam-Webster dictionary.

Thesaurus.com suggests alternatives like “to submit, “to put up with,” “to receive,” “to take,” “to stomach,” “to swallow.”

Abiding is about compliance, obedience, and subservience. It’s submitting out of obligation instead of acting powerfully from choice.

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Analysis Of The California Gun Ruling

From The Federalist:

Under the Heller test, this record establishes the unconstitutionality of the ban on assault weapons, Benitez concluded. However, being bound by Ninth Circuit precedent, Benitez continued to consider the constitutionality of California’s law under that appellate court’s two-prong test. In his analysis, Benitez bypassed the strict scrutiny standard, noting in passing the law would fail that test as well, to apply the “intermediate scrutiny standard” created by the Ninth Circuit.

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SCOTUS Case More Than About Right To Carry

From Cam and Company:

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Review Of Stephen Halbrook’s New Book On The Right To Bear Arms

From Reason:

The U.S. Supreme Court has granted certiorari to hear a major case on the right to bear arms, New York State Rifle & Pistol Association Inc. v. Corlett. By happy coincidence, the best book on the legal history of the right has just been published: Stephen P. Halbrook, The Right to Bear Arms: A Constitutional Right of the People or a Privilege of the Ruling Class? Post Hill Press, 371 pages, $17.99, paperback.

Halbrook’s book will be central to the Supreme Court case, just as Halbrook’s previous work was for the Supreme Court’s decisions in District of Columbia v. Heller and McDonald v. Chicago—not only in direct citations, but also in the many original sources that Halbrook was the first to write about, and which the Court incorporated in its opinions.

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Supreme Court Refuses Bump Stock Case

From Associated Press:

The high court on Monday turned away a challenge to the ban, which took effect in October 2018. A lower court had dismissed the challenge at an early stage and that decision had been upheld by an appeals court. As is typical, the court didn’t comment in declining to take the case.

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ATF Pistol Brace Rules Are Confusing

From Bearing Arms:

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Seattle Council Considering Poverty As An Excuse For Theft

From Policemag:

The idea, referred to as the poverty defense, was discussed Tuesday by the Seattle City Council’s Public Safety Committee after it was introduced by City Council member Lisa Herbold and Anita Khandelwal, the King County’s director of the Department of Public Defense.

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Are Gun Rights And Police Protestors On The Same Side?

From The Crime Report:

Protesters calling for stricter measures against police violence should be on the same side of the barricades as Second Amendment opponents of stricter gun controls, argues a Virginia law professor.

Since both fear the government’s ”monopoly of force” and are skeptical of authorities’ ability to protect citizens during times of unrest, they have an equal interest in Constitutional guarantees of the right to bear arms and protect themselves, Robert Leider writes in a forthcoming article in the Northwestern University Law Review.

Read the whole cited paper HERE.

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First Bump Stock As A Machine Gun Prosecution Dropped

From Houston Chronicle:

A federal prosecutor withdrew the unique charge before the trial began for a Houston man accused of owning the device. However, the defense was prepared to call an ATF expert to testify that bump stocks, attachments that cause a rifle to fire more rapidly, do not render a semiautomatic gun a machine gun.

Experts had conflicting views on the matter, said defense attorney Tom Berg. But Rick Vasquez, a retired ATF agent and firearms expert, would have told the court the bump stock did not meet the statutory definition of a machine gun. The prosecution dismissed case, he said, because the government couldn’t prove beyond a reasonable doubt the bump stock was a machine gun.

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Bureaucrat Militias and the Threat To Freedom

From Law and Liberty:

In addition to the administrative agencies that we would expect to have militias, the Justice Department, Homeland Security, the Bureau of Prisons, and such, some unlikely federal bureaucracies actively train and use militias: IRS, Social Security Administration, Department of Education, Consumer Safety Products Commission, Bureau of Land Management, Department of Agriculture, National Oceanic and Atmospheric Administration and a host of other agencies, both large and small. Sensational stories about the Environmental Protection Agency raids to enforce the Clean Water Act have surfaced in recent weeks; the Education Department has used its militia to terrorize citizens suspected of defaulting on student loans; and a few years ago, the National Oceanic and Atmospheric Administration, along with the militia from the Fish and Wild Life Service made a spectacular raid on a Miami business suspected of having violated the Endangered Species Act.

These raids were full-scale military operations to enforce administrative agency regulations. Government militias have become so active in the past several years that the rate at which they purchase ammunition for training purposes has caused widespread shortages in civilian markets—at times it has been almost impossible for civilians to purchase the most popular calibers used by government militias. What should we make of this dramatic expansion of the administrative state?

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