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Posts Tagged lawfare
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.
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.
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.
Second Amendment Deserves Same Protections As First
From Reason:
Should gun manufacturers be liable for misuse of guns? Should printing press manufacturers be liable for misuse of presses? The answer to both questions is “no,” according to an amicus brief I filed today in support of a Supreme Court cert. petition.
Bill Introduced To Sue Gun Manufacturers
From Bearing Arms:
The Equal Access to Justice for Victims of Gun Violence Act aims to repeal federal protections blocking firearm and ammunition manufacturers, dealers and trade groups from most civil lawsuits when a firearm is used unlawfully or in a crime.
NY Law Headed To Supreme Court
From USA Today:
Gun rights groups are using New York City restrictions that may be repealed as a rallying cry to press the Supreme Court for a major expansion of its Second Amendment precedents.
Gun Laws As Class Warfare On Poor
From The New York Times:
Though New Jersey has strict gun control laws, its firearms fees have not changed since the mid-1960s, making it a bargain for gun owners. A firearm identification card costs $5, while a permit to own a firearm is $2. A permit to carry a gun costs $20.
Mr. Murphy, a Democrat, has proposed fees that would be among the highest in the country. An identification card would cost $100, an owner’s permit would be $50 and a carry permit $400.
Judge Tosses Suit Against Cabela’s
From Guns.com:
New Castle County Superior Court Judge Vivian L. Medinilla agreed with big box retailer Cabela’s that the lawsuit, brought by the Brady Campaign last year over the sale of a pistol that was later traded by a felon and used in a shooting that killed an area woman, and dismissed the case. Medinilla noted in her ruling that the gun control group, representing the family of slain 19-year-old Keshall “KeKe†Anderson, did not make their case.
Court Allows Suit Against Gun Makers
From The Truth About Guns:
The Connecticut Supreme Court today over-ruled an appeals court, allowing a nuisance lawsuit against gun makers to go forward. The suit claims gun makers had some responsibility for the Sandy Hook school massacre, and accordingly, should pay big bucks to the plaintiffs.
Detroit Makes Ammo More Expensive For Poor
From Fox Detroit:
As part of a proposed Wayne County “Bullet Bill” ordinance, additional county taxes would be imposed on the purchase of ammunition with revenue going to assist victims of gun violence and educational programs with a focus on conflict resolution, administrative costs.
Semi-auto Tax Proposed In CA. Can You Say Poll Tax?
From The Sacramento Bee:
A California lawmaker will push for a new tax on sales of semi-automatic firearms, with the proceeds going to support community violence prevention programs.
“The gun tax will support the kind of interventions that make gun violence less likely in the first place which is exactly what we need to do,†Assemblyman Marc Levine, D-Greenbrae, said in a statement Wednesday.
ACLU Defends NRA In New York Case
From ACLU:
In the ACLU’s view, targeting a nonprofit advocacy group and seeking to deny it financial services because it promotes a lawful activity (the use of guns) violates the First Amendment. Because we believe the governor’s actions, as alleged, threaten the First Amendment rights of all advocacy organizations, the ACLU on Friday filed a friend-of-the-court brief supporting the NRA’s right to have its day in court.
California Continues Assault On Guns
Posted by Brian in Law, News, Threat Watch on 20/Aug/2018 16:00
From Guns.com:
In all, eight bills were advanced by the respective Senate and Assembly appropriations committees that would add new requirements to concealed carry licenses, expand the use of lifetime gun bans, make it easier to file so-called “red flag†firearm seizure orders, ration gun sales and strip gun rights from those under age 21. Making it past the fiscal deadline for proposed legislation, each now moves to the chamber floor.
Louisiana Punishes Banks For Anti-Gun Stance
From The Washington Times:
A Louisiana commission voted Thursday to block two banking giants from taking part in a new highway project, moving to punish the companies for gun control policies they adopted after the Parkland, Florida, school shooting this year.
States And Cities Now Threatening Defense Distributed
Posted by Brian in Law, News, Threat Watch on 31/Jul/2018 07:09
From Guns.com:
In response to a threat by New Jersey state Attorney General Gurbir Grewal and Los Angeles City Attorney Mike Feuer last Thursday warning DefDist of pending legal action should the company allow residents there state to download the controversial files, Wilson fired back Saturday with a lawsuit against the two, arguing they are violating First Amendment free speech protections.
In the 16-page filing, attorneys for DefDist hold that Grewal and Feuer “have waged an ideologically-fueled program of intimidation and harassment against†the company, intending to drag Wilson “before all manner of far-flung criminal and civil tribunals in an effort to silence the organization.â€