Posts Tagged lawfare

TX Supreme Court Dismisses Suit In Sutherland Springs Attack

From The Truth About Guns:

The Texas Supreme Court says survivors and relatives of those killed in a 2017 mass killing at a church can’t sue a sporting goods chain for selling the gunman the rifle used in the attack.

The court on Friday threw out four lawsuits against Academy Sports and Outdoors that alleged a San Antonio-area store negligently sold the gun to Devin Kelley in 2016.

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Brownells To Donate 2% To Firearms Policy Foundation

From The Truth About Guns:

“We are honored to have the Brownell family and Brownells team standing with us in this incredibly important and pivotal time,” said FPF Chairman and FPC President Brandon Combs. “Their generous support of our work to defend the rights of the People and expand liberty evidences their resolute commitment to the fundamental, individual right to keep and bear arms and will allow us to apply critical resources to issues that affect millions of law-abiding people.”

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NRA Moving To Texas

From The Truth About Guns:

The National Rifle Association, the nation’s oldest civil rights organization, is shutting down in New York State to reincorporate in Texas.  By doing so, the NRA hopes to escape the partisan political prosecution (some say persecution) by the NY State Attorney General Leticia James.  The NRA has released a new website with their presentation of the change and the reasons behind it.

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SCOTUS Creates Dangerous Precedent By Declaring NY Gun Case Moot

From Bearing Arms:

The 6-3 ruling saw Chief Justice John Roberts and Justice Brett Kavanaugh siding with the liberal wing of the court, while Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissented from the opinion, arguing that the decision “permits our docket to be manipulated in a way that should not be countenanced.”

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CA Ammo Background Check Rejected By Judge

From NBC San Diego:

A federal judge on Thursday blocked a California law requiring background checks for people buying ammunition, issuing a sharply worded rebuke of “onerous and convoluted” regulations that violate the constitutional right to bear arms.

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Opinion: New York Gun Case Is Silly

From The New York Times:

I don’t know how the Second Amendment case the Supreme Court heard this week will turn out, but I do know this: If the subject weren’t so serious, the case in its current posture, with substantial doubt about whether there is even a dispute left for the court to decide, would be downright funny. For a window into the dynamics of today’s Supreme Court, look no further than the transcript of the argument in New York State Rifle and Pistol Association v. City of New York.

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Supreme Court To Hear NY Gun Case

From The Truth About Guns:

The Supreme Court is turning to gun rights for the first time in nearly a decade, even though those who brought the case, New York City gun owners, already have won changes to the regulation they challenged.

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Second Amendment Battle Continues In Courts

From The Federalist:

In Worman, district court judge William G. Young upheld Massachusetts’ ban not by disputing whether the firearms and magazines in question are “in common use,” but on the notion that semi-automatic rifles are close enough to fully-automatic rifles that they might as well be considered one and the same. That idea originated in the first chapter of a 2003 publication by the anti-gun activist group that in 1988 proposed that gun control activists adopt “assault weapons” as a “new topic” to “strengthen the handgun restriction lobby.” A representative of the group was one of the Democrat witnesses during Democrats’ House Judiciary Committee hearing on “assault weapons” in September. (See items 5, 8, and 9 here.)

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Colorado Mag Ban Fails

From Reason:

However, some gun dealers noticed that the bill made no mention of magazine components and capitalized on the omission. Dealers throughout the state began selling “parts kits” that contain everything a gun owner needs to assemble their own large-capacity magazine at home. In fact, some gun stores throughout the state now sell magazines only in parts kit form.

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Judge Says There Should Be A License For 3D Printing Software

From Reason:

This week, Judge Robert A. Lasnik of U.S. District Court for the Western District of Washington, in deciding on motions for summary judgment in that suit, State of Washington et al. v. U.S. Department of State et al., agreed that removing those files from the USML was unlawful based on the APA arguments (though not the 10th Amendment ones), and reversed the federal government’s choice to allow free distribution of the files.
As discussed in Lasnik’s decision, the federal government’s initial reaction to the states’ suit “justified the deregulation of the CAD files [that could help make weapons]…by pointing to a Department of Defense determination that the items ‘do not provide the United States with a critical military or intelligence advantage’ and ‘are already commonly available and not inherently for military end-use.'”

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Massachusetts’s Ban On Defensive Firearms

From Cato Institute:

Massachusetts law currently prohibits ownership of “assault weapons,” the statutory definition of which includes the most popular semi-automatic rifles in the country, as well as “copies or duplicates” of any such weapons. As for what that means, your guess is as good as ours. A group of plaintiffs, including two firearm dealers and the Gun Owners’ Action League, challenged the law as an unconstitutional violation of their Second Amendment rights. Unfortunately, both a federal trial judge and appellate court upheld the ban—though they could not agree on why.

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Court Dismisses Case Against Gun Manufacturers

From NSSF:

“This decision by the federal judge to dismiss with prejudice this frivolous case is pleasing, if not unexpected,” said Lawrence G. Keane, NSSF Senior Vice President of Government Relations and Public Affairs and General Counsel. “These are lawful and federally-regulated AR-15 modern sporting rifle manufacturers that make semiautomatic rifles for lawful purposes. The judge was absolutely correct to assert that the proper venue to establish public firearms policy is through the legislature and not the courts.”

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Heller Is Being Ignored

From National Review:

The McDonald Court declared that the Second Amendment is not a “second-class right,” to be “singled out for special — and specially unfavorable — treatment.” In 2019, however, Heller is in a precarious situation: There have been numerous victories for gun rights, but many lower courts have in practice nullified the Second Amendment. Later this year, the Supreme Court may hear a case involving egregious Second Amendment infringements by the New York City government. The Court should take the opportunity not only to strike New York’s abuses, but also to firmly remind lower courts that the Second Amendment is a first-class civil right.

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Lawsuits Can Threaten Rights

From Overlawyered:

The brief emphasizes two lines of argument that I find exactly to the point. First, under the right circumstances, the workings of tort lawsuits can impinge on individual rights guaranteed by the Constitution: exorbitant libel verdicts can menace freedom of speech, and similarly stretching of tort and public nuisance law can endanger Second Amendment rights. It is worth making explicit the parallels between the Supreme Court’s acknowledgment of the first in New York Times v. Sullivan and Congress’s recognition of the second in its passage of PLCAA.

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Lawsuits Threaten Gun Industry

From National Review:

In 2005, a wave of lawsuits threatened to bankrupt the gun industry. These suits were based on — pick your adjective — “creative,” “novel,” “inventive,” and “imaginative” legal theories that rarely held up in court, and they did their damage primarily by forcing gun companies to incur the costs of defending against them. Congress, seeing the problem, stepped in to put a stop to it — or at least tried to — by passing the Protection of Lawful Commerce in Arms Act (PLCAA).
A decade and a half later, anti-gun activists have responded with yet more new legal theories, and the Connecticut courts have bought one of them. Some families victimized by the Newtown massacre are being allowed to pursue a wrongful-death claim against Remington, which owns Bushmaster, the company that made the rifle used in the attack.

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