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Posts Tagged lawfare
Polymer80 Lawfared Into Bankruptcy
From Husky Armory:
The Nevada-based company, known for its “ghost gun” kits that allowed law-abiding citizens to build their own firearms, cited overwhelming legal costs as the primary reason for its closure. For many Second Amendment advocates, this marks a troubling development in the ongoing battle for gun rights in America.
Eighth Circuit Joins Fifth Circuit, Rejects ATF Brace Rule
From Bearing Arms:
On Friday, a three-judge panel on the Eighth Circuit overturned a lower court’s refusal to issue an injunction against the rule, sending the case back down to district court for a do-over. In its ruling, the panel concluded that the plaintiffs are likely to succeed on the merits of their arguments that the ATF rule is arbitrary and capricious.
Fourth Circuit Manipulating Procedure To Advance Anti-2A Rulings
From Ammoland:
Mark Smith, a constitutional attorney and gun rights advocate, has long speculated about judicial misconduct within the Fourth Circuit. His suspicions were recently confirmed through a detailed dissent in the Bianchi case, revealing how anti-gun judges played dirty to suppress a pro-Second Amendment ruling.
This passage reveals that the initial panel had reached a pro-Second Amendment decision by December 2022. However, a dissenting judge delayed circulating their dissenting opinion, effectively stalling the release of the majority decision. This delay allowed another panel to issue an anti-Second Amendment ruling in a separate case (United States v. Price), which conflicted with the Bianchi decision. This conflict prompted the Fourth Circuit to rehear the Bianchi case en banc, ultimately leading to an anti-Second Amendment ruling. This strategic stalling and procedural maneuvering illustrate the manipulation within the court to suppress a favorable Second Amendment ruling.
Mexican Lawsuit Tossed Against 6 of 8 Gun Companies
From The Truth About Guns:
On Wednesday, a federal District Court judge in Boston dismissed six of the eight respondents from the lawsuit on jurisdictional grounds. Companies dismissed from the lawsuit by U.S. District Judge Dennis Saylor included Sturm, Ruger and Company, Glock, Barrett Firearms, Colt’s Manufacturing, Century International Arms and Beretta. Companies still involved in the lawsuit include gunmaker Smith & Wesson and wholesaler Whitmer Public Safety Group.
Lawsuit Blaming Daniel Defense For Mass Shooting Dismissed
From Bearing Arms:
In her initial complaint, Karen Lowy and her attorneys claimed that the companies “have deceptively and unfairly marketed their assault rifles, rifle accessories, and ammunition in ways designed to appeal to the impulsive, risk-taking tendencies of civilian adolescent and post-adolescent males—the same category of consumers Defendants have watched, time after time, commit the type of mass shooting that unfolded again at the Edmund Burke School.”
Now a federal judge has thrown out the lawsuit, ruling that Lowy failed to back up those claims with facts.
Human Ingenuity Always Beats Laws
From Guns.com:
Sadly, several states do not properly respect their citizens’ constitutionally guaranteed right to bear arms. Luckily, a few companies out there make unique designs for Eugene Stoner AR-style rifles that stay in compliance with unconstitutional state laws and allow folks a chance to exercise their Second Amendment rights.
Does Hunter Biden Deserve A Pardon?
From Bearing Arms:
But there’s a case to be made that, whatever other crimes Trump may accuse the Biden family of committing, he should announce he’ll pardon Hunter Biden on the gun charges if he’s reelected in November.
There are a substantial number of gun owners (me included) who think that at least one of the statutes Hunter Biden was convicted of violating is an unconstitutional infringement on our Second Amendment rights. Should “unlawful” users of drugs be barred from possessing firearms? Or rather, can they be prohibited from exercising their Second Amendment rights simply because they use illegal drugs?
Missouri Shooting Club In Legal Peril, Gun Rights At Stake
From Ammoland:
During its heyday, the Glendale Shooting Club located near Robertsville, Missouri, was home to shotgun, silhouette, high-power rifle, handgun and Cowboy Action shooters. It hosted regular matches, including the Bauer Brothers Cup, and had around 400 active members.
Today, the clay shooting is long gone as are the matches, and the members – only around 140 remain – are writing personal checks to subsidize a convoluted and confusing legal fight that began 40 years ago.
The stakes are extremely high. If the club loses its legal battle, Missouri’s shooting range protection act could be declared unconstitutional, which could impact every firearm range in the Show Me State.
The Glendale Shooting Club has established a GiveSendGo page they hope will raise additional funds for its upcoming legal battles.
Another Attempt To “Fortify” An Election
From Rolling Stone:
Over the past year, Team Biden has been conducting war games, crafting complex legal strategies, and devoting extensive resources to prepare for, as one former senior Biden administration official puts it, “all-hell-breaks-loose” scenarios. The preparations include planning for a contingency in which Biden’s margin of victory is so razor-thin that Trump and the GOP launch a tidal wave of legal challenges and political maneuvers to rerun his 2020 election strategy: declare victory anyways, and try to will it into existence.
Anti Gun Group Now Targeting NSSF
From Bearing Arms:
“Luckily, we at Brady know how to fight the NSSF because we’ve been fighting the NRA for years, and we’re seeing the disgraceful end of their organization play out because of our dedicated work. We may know their tricks, but we’re going to need all the support we can get if we’re going to overcome another extremist gun lobby group, and that’s why I’m reaching out today,” reads the email written under the name Kris Brown, President of Brady.
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.
Judge Scolds ATF For FFL Revocation
From Ammoland:
In his order, Judge Cogburn had no choice but to rule in favor of the ATF, stating: “Here, the Court finds that no genuine issue of material fact exists as to whether Petitioner violated the GCA. Thus, under Section 923(f)(3), the ATF was authorized to revoke Petitioner’s license.”
“Finally, the Court notes that Mr. Wilson, who sold firearms as a side business, sold the guns to his own stepdaughter. Nothing in the record indicates that Mr. Wilson’s conduct of selling two guns on one occasion to his own stepdaughter affected public safety or hampered the ATF’s ability to reduce violent crime, which is of course one of the purposes of the GCA. Of course, the ATF has been delegated the authority to revoke the license of a licensee who has willfully violated any provision of the GCA, even if the revocation seems a heavy-handed punishment in response to the violation at issue. Still, this sort of heavy-handed exercise of revocations, as opposed to warnings or suspensions, foments antipathy for government agencies,” Judge Cogburn wrote.