Arms and the Law

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Illustration of California law

Fri, 09/22/2023 - 16:44

9th Circuit case, here. Case dismissed as moot, but it's illustrative of abuse potential. California law forbids firearms possession by anyone subject to ANY form of restraining order (domestic or not). This couple had a crazy neighbor, who filed for a restraining order on the basis that the couple's security cam was invading her privacy. Some sloppy judge granted it, and so they wound up as prohibited possessors for years.

Hunter Biden indictment

Thu, 09/14/2023 - 15:44

Right here.

Interesting -- one charge is possession by a prohibited person, a user of unlawful drugs, but the other two are of lying on the 4473. There has been some dispute over whether the drug user prohibited person category is unconstitutional under Bruen, but questions are now also posed (1) is it constitutional to punish false statement under Bruen and (2) would it make any difference if the false statement concerned a prohibited person status that was unconstitutional?

Off topic but interesting

Mon, 09/11/2023 - 18:25

Some contend that section 3 of the 14th Amendment, which bars former insurrectionists from public office, bars Donald Trump, and there is major legal debate on the issue.

Attorney Don Kilmer points out that §3 also allows Congress to remove that bar by a 2/3 vote, and in 1872 Congress did so as to all but a handful of offices, not including the presidency. 17 Stat. 142.

DC pays $5.1 million in 2A class action

Tue, 08/29/2023 - 13:21

Story here.

Book review

Wed, 08/09/2023 - 14:07

A review of three books on the Second Amendment, in the Wall Street Journal. The reviewer is not impressed with them, nor am I.

Not the smartest gun smugglers....

Tue, 08/08/2023 - 18:53

Two imprisoned for smuggling guns to Mexico. They used a pedestrian crossing. Each had two AK-type rifles taped to their body. A little obvious.

Hurrah! Gun sales over a million a month!

Sat, 08/05/2023 - 00:02

Report here. It's been that way for 48 consecutive months.

When I first was getting involved with the gun rights issue (early 1970s), as I recall gun sales were about 3 million a year. Today it's over 12 million. The antis' time has passed.

Gov't takes "ghost gun" regulations to Supreme Court

Thu, 07/27/2023 - 18:24

In Garland v. Vanderstock, Firearms Policy Coalition, joined by Second Amendment Foundation, sued to challenge several aspects of ATF's "ghost gun" receiver regulations. The district court granted an injunction against enforcement of the entire regulation. The government appealed to the Fifth Circuit and asked it to stay the injunction. The Circuit stayed only part of it, ruling that the government hadn't shown it was likely to succeed on the rest.

The government has now appealed that ruling to the Supreme Court. It moves the Court to vacate the stay and, if necessary, treat the motion as a petition for certiorari before judgment (i.e., before the Fifth Circuit rule on the appeal).

transcript of Hunter Biden plea hearing

Thu, 07/27/2023 - 17:04

Here. His business dealings come in at page 27, the judge starts getting involved at 45, the constitutionality of the gun charge is raised at 91, and at 92-93 the judge asks about a strange provision that says if Biden breaches the plea agreement he must be given the opportunity to cure the breach and a hearing before the judge before anything is done.

Hunter Biden plea deal falls apart

Wed, 07/26/2023 - 14:58

Ha! Apparently he wanted even more than he was getting, which was two very serious tax charges dropped to misdemeanors, and the gun charge given diversion and eventual dismissal. He also wanted immunity for charges of failure to register as an agent of a foreign government.

More thoughts, from a defense attorney.

"So, this was either astounding incompetence or corruption on DOJ's part. I think it is corruption. This looks like a wink and a nod deal (as @shipwreckedcrew has noted) where DOJ would have plausible deniability if the judge asked no questions and accepted the deal."

Washington, DC robberies

Sat, 07/22/2023 - 15:56

Story here. If anyone wonders why robbery rates there are high, take the case of one robber mentioned:

"MPD arrested 19-year-old Isaiah Matthews on Tuesday after police said he stole a victim's car keys at gunpoint on D Street SE.

But Matthews has a criminal record that includes prior misdemeanor assault and threats offenses for which he wasn't kept behind bars for long.

His threats offense earned him a 120-day sentence in January that was suspended as long as he could fulfill his one-year probation, according to court records. Matthews became delinquent soon after, and he wasn't ordered to serve out the remaining 90 days of his sentence until he was arrested in April.

Matthews was released from jail earlier this month before being rearrested Tuesday on robbery charges."

11th Circuit grants rehearing

Tue, 07/18/2023 - 18:55

A panel of the 11th Circuit (far southeastern US) sustained the Florida law forbidding 18-21 year olds from buying rifles, and now the Circuit has voted to rehear the case en bank. I suspect such rehearings are like petitions for cert; they can go either way, but are about 2:1 more likely to reverse.

N.D. Calif. upholds San Jose gun laws

Thu, 07/13/2023 - 18:52

Opinion here. The law required a gun owner to pay a fee, donate to a charity (not yet named, but to be named by the city manager), and hold liability insurance. The court dismissed everything with prejudice, except the counts alleging that the payment to a named charity might violate freedom of expression and association.

Supreme Court case: US v. Rahimi

Tue, 07/11/2023 - 16:10

The Supreme Court granted cert in this case, and it is worrisome. (1) Mr. Rahimi is quite a violent person; (2) if there is any prohibited person category that is likely to fail "text, history, and tradition" standards, it is the one for those subject to civil DV restraining orders. So this is the acid test for Bruen and its standards.

Mass stabbing in China

Mon, 07/10/2023 - 13:15

Six dead. It's part of a wave of them.

Armed citizen stops likely mass shooting

Tue, 07/04/2023 - 23:30

and of course the incident never makes national news. It just doesn't fit the preferred narrative.

Very cool!

Sun, 07/02/2023 - 22:30

"Senior guns down mugger who appeared to threaten him without dropping cigarette." (That is, the senior didn't drop his cigarette). This being NYC, the senior is facing prosecution.

Cert granted

Fri, 06/30/2023 - 12:39

US v. Rahimi. The Fifth Circuit struck down the ban on gun possession by persons subject to a DV restraining order. Terrible facts -- the defendant was a violent scumbag.

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