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Posts Tagged second amendment
Court Rules Against Missouri’s Second Amendment Protection Act
From The Truth About Guns:
At the time, Gov. Parson said the unique law “draws a line in the sand and demonstrates our commitment to reject any attempt by the federal government to circumvent the fundamental right Missourians have to keep and bear arms to protect themselves and their property.”
On Monday, however, a three-judge panel of the 8th Circuit Court of Appeals upheld last year’s district court ruling and found that the Missouri law violated the U.S. Constitution’s supremacy clause, which states that federal law takes precedence over state laws.
Federal Judges Says Machine Guns Part Of Second Amendment
From Guns.com:
A U.S. District Court in Kansas agreed with a federal public defender over a set of machine gun charges, tossing them as unconstitutional with the right to keep and bear arms.
Judge John W. Broomes, a 2018 Trump appointee, agreed with a motion from the Federal Public Defender Office in Wichita to dismiss a two-count indictment against a local man for possession of a pair of unregistered Post-86 machine guns, arguing the charges went against the “history and tradition of the Second Amendment of the United States Constitution by imposing a blanket prohibition on machineguns,” and is thus unconstitutional as applied to the defendant.
Maine Gov Goes After FPC For Tweet
From Ammoland:
This response wasn’t the first time that FPC had used colorful language to push back against gun control, but it might be the first time that a Governor’s staff reported the organization to the police for a perceived threatening statement. Thanks to a Freedom of Information Act (FOIA) request by the Maine Wire, we now know the staff contacted Maine State Police’s Executive Protection Unit to investigate the tweet. The Executive Protection Unit is responsible for protecting the Governor, similar to how the United States Secret Service (USSS) is supposed to protect the President and former Presidents of the United States.
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.
Gun Ownership Is Not An Excuse For Fourth Amendment Violations
From Bearing Arms:
Today, however, a three-judge panel on the court got it absolutely right when it ruled that a Connecticut police officer isn’t entitled to qualified immunity after handcuffing, detaining, and conducting a warrantless search on a resident after he produced a valid handgun permit.
Gun Culture As A Check On Government
From Open Source Defense:
The value of gun ownership doesn’t come from firing the gun in anger. Most guns will never be used in that way. That’s the ultimate backstop, but most of the value of gun ownership is about the culture it builds.
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.