Posts Tagged Law

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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Friend of Rittenhouse Charged With Two Felonies

From NBC Chicago:

A 19-year-old Kenosha man has been charged with two felonies after prosecutors say he gave a gun to Kyle Rittenhouse, the suburban teen accused of killing two protesters during unrest in the southeastern Wisconsin city.

Dominick Black was charged with two counts of intentionally giving a dangerous weapon to a person under the age of 18, causing death.

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How The ATF Arbitrarily Creates Criminals

From FEE.org:

What if government agents could, by declaration, make you into a criminal? What if, without legislative change, bureaucrats could decide that what was legal yesterday is a felony today? What if we were governed not by law, but by arbitrary statements telling us what we may or may not do?

Unfortunately, those questions are not merely hypothetical—thanks to recent abuses of power by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), millions of American gun owners are facing them head-on. Even if you hate guns, you should be deeply concerned by the arbitrary power wielded by the ATF against your fellow Americans. If an unchecked executive agency can run roughshod over any of our rights with impunity, all of our rights are in danger.

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ATF Re-classifies Honey Badger Pistol As Short-barreled Rifle

From Firearms Policy Coalition:

ATF has once again unlawfully and unconstitutionally exceeded its authority and changed the law by issuing a new determination that is devoid of logic and reason, contains no explanation as to the manner in which it arrived at its conclusion, conflicts with its prior determinations, and embodies the very essence of “arbitrary and capricious”. 
After examining a sample Q Honey Badger Pistol, the ATF’s Firearms and Ammunition Technology Division (FATD) concluded that “the objective features of the Honey Badger firearm, configured with the subject stabilizing brace, indicate the firearm is designed and intended to be fired from the shoulder.” FATD further concluded that it is a SBR as defined by the National Firearms Act (NFA) and Gun Control Act (GCA). Yet, ATF does not explain how it arrived at this conclusion other than vague generalizations that the firearm was “designed” to be fired from the shoulder and by virtue of its barrel length meeting the definition of a SBR. 

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SCOTUS Candidate’s Views On Guns

From The Truth About Guns:

Barrett’s fondness for original texts was on display in a 2019 dissent in a gun-rights case in which she argued a person convicted of a nonviolent felony shouldn’t be automatically barred from owning a gun. All but a few pages of her 37-page dissent were devoted to the history of gun rules for convicted criminals in the 18th and 19th centuries.

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