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Posts Tagged second amendment
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.
Anti-Gun Courts’ Dishonest Theory: No Right To Buy A Gun
From The Truth About Guns:
The ability to freely approach the gun counter to legally purchase a firearm is paramount to exercising the Second Amendment rights to keep and bear arms. There is no “keeping” of firearms if there is no legal right to lawfully acquire those same firearms. The ramifications of this flawed legal reasoning are self-evident. The government could simply ban the buying (and selling) of firearms and therefore eviscerate the Second Amendment all without infringing upon the right.
Gun Owners Need To Register To Vote
From Ammoland:
The Arbalest Quarrel looked into the failure of millions of gun owners to register to vote. We learned that Ten Million American gun owners have not registered to vote in the 2024 U.S. Presidential election. This is no small number and can have a decisive impact on the outcome of Federal Elections.
Supreme Court To Hear DIY Gun Case
From The Truth About Guns:
The case, VanDerStok v. Garland, challenges the Department of Justice’s 2022 Final Rule that redefined important legal terms dealing with guns, including “firearm,” “receiver” and “frame,” making the longstanding American tradition of building personal firearms pretty much a thing of the past. Back in April, the court voted 4-3 to consider the challenge.
Marijuana Legalization Puts Gun Rights In Jeopardy
From The Truth About Guns:
As more states increasingly legalize the recreational use of marijuana—24 states according to CBS News currently do—the move has put gun owners who like to toke and can legally do so according to their state’s permittance into a legal conundrum when purchasing a firearm: How to honestly answer question 21(f) on ATF Form 4473 without committing perjury and leave the store with their firearm? The answer is, they can’t.
Gun Advocates Stick To Principles After Assassination Attempt
From Bearing Arms:
… the media is filled with stories about how the attempted assassination of former President Donald Trump should prompt gun control. So far, no one in the Republican Party is saying any such thing, though. That’s not overly surprising since, as I feel obligated to point out far too often now, they didn’t fold on guns after the shooting in Alexandria, Virginia.
But it seems the folks over at Vox are upset that Republicans aren’t changing everything right now in how they view guns.
Body Armor Ban Challenged BY FPC
From The Truth About Guns:
The fact that some states like New York ban the private ownership of body armor basically tells me just one thing—they want to be able to kill you without you having any protection to avoid that. Such laws are absurd, making anyone who owns body armor for any reason a criminal.
Upcoming SCOTUS Gun Cases
From Bearing Arms:
For months now, the Court has held on to a half-dozen other cases that all deal with prohibited persons; from Range v. Garland (whether someone can be permanently prohibited from possessing a firearm after a non-violent misdemeanor conviction punishable by more than a year in prison) to U.S. v. Daniels (whether federal law prohibiting the possession of firearms by someone who “is an unlawful user of or addicted to any controlled substance” violates the Second Amendment). After the release of the Rahimi decision, the Court is almost certainly going to address these cases through what’s known as a GVR: grant cert, vacate the previous decision, and remand the case back to the lower courts for further review in light of Rahimi‘s holding.
SCOTUS Bump Stock Opinion Breakdown
From Open Source Defense:
On Friday the Supreme Court struck down the ATF’s bump stock ban. Let’s break down the justices’ opinions and the implications.
Clarence Thomas writes for a 6-3 majority, and the overriding theme of his opinion is that this is not a hard case. Under the NFA, a machine gun is “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger”. Bump stocks are simply not that. That’s obvious if and only if you know how a bump stock works. Thomas explains that by explaining how an AR-15’s fire control group works.
Another Attack On Shooting On Public Land
From The Truth About Guns:
President Joe Biden is determined to decimate the notion that responsible gun owners should be able to responsibly teach the next generation of outdoorsmen and women recreational target shooting. His latest scheme is to shutter 98.9 percent of the Sonoran Desert National Monument to recreational target shooting.
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?
Supreme Court Rahimi Decision More Important With Trump Conviction
From Bearing Arms:
I think there’s an incredibly strong change that Trump’s conviction will be thrown out on appeal, but that could still be years away. In the meantime, the Supreme Court is probably Trump’s best bet to keep his Second Amendment rights intact, and the Court’s impeding decision in U.S. v. Rahimi provides a perfect vehicle for the justices to give Trump and others convicted of non-violent felonies relief from current federal law.
In Rahimi, the justices are expected to decide whether someone subject to a domestic violence restraining order can be prohibited from possessing or purchasing a firearm. We don’t know how the Court will rule, but it’s certainly not out of the question that a majority will conclude that Zachey Rahimi and others in similar circumstances can be barred from owning a gun; not solely because of a domestic violence restraining order, but based on a particularized finding of “dangerousness”.
The Gun Rights Implications Of Trump’s Guilty Verdict
From The Truth About Guns:
With 34 felony convictions being delivered to President Donald J. Trump Thursday afternoon by a New York jury—in what is questionably a rigged trial and unquestionably a politically motivated trial—there remain a number of questions on what will actually happen next and how it will play out. One thing that is not in question, at least until a successful appeal is decided on, is that Trump is now barred from owning or possessing firearms.
Journalist Stephen Gutowski over at The Reload was quick to report on some of the obvious ironies this situation creates for gun rights in this country.