Category: Courts

And on the other hand, there’s a subset of people who understand that when SCOTUS restores fundamental rights as they should be, they follow right along, like they should.
Now, I don’t advise cheating Uncle, or driving while intoxicated, but goobermint needs to stop with restricting rights by any piddly means it can devise.

Judge Nixes Lifetime Gun Ban for Non-Violent Misdemeanor Offense

In a case very reminiscent of Range v. Garland, in which the Third Circuit Court of Appeals ruled that Bryan Range’s conviction for lying about his income on a food stamp application decades ago should not have resulted in a lifetime prohibition on keeping or bearing arms, a federal judge in Pennsylvania has ruled that a man’s 2005 DUI arrest and conviction on misdemeanor charges cannot disqualify him from exercising his Second Amendment rights.

Though Edward Williams was convicted of a misdemeanor offense, it was also a crime punishable by up to five years in prison. Williams didn’t serve any time behind bars, however. Instead, he was sentenced to 90 days of house arrest and ordered to receive treatment for drug and alcohol abuse. Since the potential sentence was more than a year in prison, however, the misdemeanor conviction meant that Williams was considered a prohibited person going forward, and he was no longer allowed to possess or purchase a firearm.

Williams first tried challenging the statute in question back in 2017 and was denied, but applied for a re-hearing after the Supreme Court issued its decision in Bruen last year. This time around, in a case argued by 2A attorney Joshua Prince and supported by the Firearms Policy Coalition,  U.S. District Judge John M. Younge applied the Court’s text, history, and tradition test to the Williams case, as well as the Third Circuit’s decision in Range v. Garland, and found that Williams cannot be denied access to his right to keep and bear arms as a result of a non-violent misdemeanor conviction, even if it was punishable by years behind bars.

The Government has not met its burden in proving that the prohibition on Plaintiff’s possession of a firearm due to his DUI conviction is consistent with historical firearms regulations.

Finding a historical tradition of similar firearms regulations “requires that the government identify a well-established and representative historical analogue, not a historical twin.”

A modern regulation that would not have been contemplated during the Founding Era can be found relevantly similar to then-existing regulations by considering “how and why the regulations burden a law-abiding citizen’s right to armed self-defense.

That federal law has, over the past century, allowed for the disarmament of certain types of convicted criminals does not satisfy the constitutional issues raised by applying Section 922(g)(1) to all convictions punishable by more than a year of imprisonment.

Instead, the Court must consider more longstanding limitations on firearm possession to “demarcat[e] the scope of [the] constitutional right.”

The historical firearms regulations provided by the Government are not sufficiently analogous to the case considered here to satisfy its burden.

Younge noted that while he remains “quite concerned about the prospect of granting access to firearms to persons who have demonstrably abused alcohol”, he remains unconvinced that “the general dangerousness of drunk driving and of combining firearm use and alcohol consumption establishes that DUIs must therefore be considered sufficiently analogous to historical examples of ‘dangerous’ conduct that have previously served as grounds for disarmament.”

Younge acknowledged the government’s citing of laws that prohibited the carrying of firearms while intoxicated, but argued that none of those regulations “allude to disarmament lasting beyond the individual’s state of intoxication, and none provided for permanent disarmament, as Section 922(g)(1) does.”

I agree with Younge that drunk driving is a serious concern, and not something that should be easily dismissed, but the fact is that Williams wasn’t barred forevermore from getting behind the wheel of a car because of his misdemeanor conviction. He can obtain a driver’s license and purchase a vehicle despite his DUI conviction that’s now nearly 20 years old, but he can’t legally purchase or possess a firearm. That’s a punishment that doesn’t fit the crime, as far as I’m concerned.

I’m sure the DOJ will appeal this case to the Third Circuit, but given their decision in Range it’s unlikely that Merrick Garland is going to get the response he’s looking for from the appellate court. By the time Williams v. Garland gets to SCOTUS the justices will have had a chance to weigh in on Bryan Range’s case, and if the Court does adopt a “dangerousness” standard for depriving individuals of their Second Amendment rights in Rahimi, then both Range and Williams have an excellent chance of having the lower court decisions in their favor approved by a majority of Supreme Court justices as well.

There’s a subset of people in the U.S. who hate the idea of RKBA and the Supreme Court’s rulings and will do anything possible to sabotage them

Federal Judge Declares No Right to Acquire a Gun

If we possess a right to keep and bear firearms, it stands to reason that we must also have the right to acquire one, but according to a federal judge in Colorado no such right exists.

U.S. District Judge John L. Kane, an 86-year-old appointee of Jimmy Carter back in 1977, made the eyebrow-raising decision in a case known as Rocky Mountain Gun Owners v. Polis, which challenges Colorado’s newly-enacted three-day waiting period on all gun sales. Kane denied the group’s request for an injunction that would have halted enforcement of the waiting period while the litigation continues, ruling the plain text of the Second Amendment only covers the right to keep and bear a firearm, not to purchase or acquire one for lawful purposes.

Plaintiffs contend that the words “keep” and “bear” in the Second Amendment are implicated by the waiting period required by the Act. In Heller, the Supreme Court examined the “normal meaning” of those words at the time of the Nation’s founding, reviewing definitions from contemporaneous dictionaries. As the Court explained, the 1773 edition of Samuel Johnson’s Dictionary of the English Language “defined ‘keep’ as, most relevantly, ‘[t]o retain; not to lose,’ and ‘[t]o have in custody.’”.

 The Court then turned to the word “bear” and determined that it means to “carry.” The Court clarified that, when “bear” is “used with ‘arms,’ however, the term has a meaning that refers to carrying for a particular purpose—confrontation.” So, putting all the pieces together, the Court found that the text of the Second Amendment “guarantee[s] the individual right to possess and carry weapons in case of confrontation.”

From this reading of the plain text, it is clear the relevant conduct impacted by the waiting period—the receipt of a paid-for firearm without delay—is not covered. Still, Plaintiffs attempt to equate the words “obtain” and “possess.” But these terms are not equivalent. To “keep,” under the definitions provided in Heller, meant to retain an object one already possessed. It did not mean to receive a newly paid-for item, and it certainly did not mean to receive that item without delay. Likewise, “hav[ing] weapons” indicates the weapons are already in one’s possession, not that one is receiving them.

So you have the right to possess a firearm but not the right to obtain one? Kane’s reasoning would leave the door open for all kinds of restrictions on the acquisition of arms. Why not a six-month waiting period? How about a $500 administrative fee for every firearm purchase, or mandating purchasers come up with a half dozen character references before a gun can be sold. Taken to its extreme, Kane’s position would leave open the possibility of a complete and total ban on gun sales. It’s ridiculous to separate the right to obtain a firearm with the right to keep and bear it, but that’s exactly what the judge did here.

Kane went on to say that even if commercial sales of firearms are protected by the Second Amendment’s language, Colorado’s waiting period is likely to withstand court scrutiny because there were no “Guns-R-Us” outlets at the time the Second Amendment was ratified. It could take days, weeks, or even months for a would-be gun owner to acquire a firearm while they waited for a shipment of muskets to be delivered to their nearest city or town. Of course, there was no law requiring people to wait before purchasing a firearm if one was readily available, nor were there any prohibitions on private transfers of arms. If your neighbor had a fowling piece that you wanted to purchase, you could walk or ride to his farm and make a trade or a cash transaction without the possibility of punishment from the state.

Further, says Kane, though there aren’t any statutes in the historical record that mirror Colorado’s modern waiting period, there are some old laws that he believes are a close enough analogue to allow the state’s three-day waiting period to pass muster; laws forbidding the carrying of firearms while intoxicated.

Perhaps the state could impose a more narrowly tailored requirement, but that is not the inquiry here. The intoxication laws prevented all individuals from becoming intoxicated and engaging in the prohibited conduct. They did not apply only to those people who would have certainly used a firearm irresponsibly while intoxicated. Despite Plaintiffs’ arguments, the “how” and the “why” of the intoxication laws and the Waiting-Period Act are sufficiently similar to demonstrate that the Act is consistent with the Nation’s historical tradition of firearm regulation.”

The purpose of the waiting period, according to Colorado’s legislature, is to “help prevent impulsive acts of firearm violence, including homicides and suicides.” According to Kane, because the ostensible reason for the waiting period is similar to the rationale on historical prohibitions against carrying while under the influence, that’s enough to make the two laws analogous. Of course, under that theory, virtually any gun control measure could be deemed a part of the historical tradition, so long as lawmakers contend that its purpose is to prevent “impulsive” acts of gun violence.

If the majority in Bruen believed that opinion would put a stop to the Second Amendment shenanigans in the lower courts, it should be clear to them by now that is most certainly not the case. We’ve seen judges declare that commonly owned arms like semi-automatic rifles are not protected by the Second Amendment, wide swathes of public spaces can be deemed “sensitive” and off-limits to lawful carry, and the right to keep and bear arms does not encompass the right to obtain one.

Each of these decisions is a gross misreading of Bruen as well as a green light for fundamental infringement on our Second Amendment rights, but until SCOTUS intervenes these abuses will continue.

‘Like A Machine Gun’ Isn’t A Machine Gun

Ever since Las Vegas, bump stocks have been horrifically demonized. Granted, the Las Vegas shooting was horrific enough that it shouldn’t surprise us that it did.

Soon after, the ATF reversed their decision that they weren’t machine guns.

That reversal came at the direction of then President Donald Trump. He did that, at least in part, to cut the legs out of an effort in Congress that would have gone a lot further than bump stocks and binary triggers. It could have screwed up any trigger modifications for any reason.

Regardless of the reason, though, the ATF actually overstepped their authority, so it’s not surprising that it triggered a lawsuit.

Now, it’s headed to the Supreme Court and Elie Mystal at The Nation has thoughts.

On Friday, the Supreme Court agreed to hear another gun case. That alone should make people hide under their desks at school, because at this point in our bloody republic, every time the Supreme Court decides to entertain the gun lobby, more children are likely to die.

The case involves a challenge to the federal ban on “bump stocks.” Bump stocks are a modification that can be attached to semiautomatic rifles to make them perform as fully automatic weapons. A shooter pulls the trigger to fire the weapon, and the bump stock uses the recoil from that action to pull the trigger again and again, resulting in a near continuous rate of fire, just like a machine gun.

The issue is “like a machine gun” and “machine gun” isn’t the same thing in the least. Especially not in the eyes of the law.

The ATF doesn’t have broad authority to just create law. It has the power to interpret laws passed by Congress, but it can’t just make up law as it goes.

Otherwise, ATF Director Steve Dettelbach could just mandate the assault weapon ban he’s said he wanted.

He can’t do that because there’s nothing in the law that allows for that.

What the ATF did with bump stocks, though, is not much different from a mandated assault weapon ban because the justification used doesn’t actually fit with bump stocks.

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Gun rights groups to seek Supreme Court ruling on assault weapons

Gun rights advocacy groups say they intend to ask the U.S. Supreme Court to review the state’s assault weapons ban after a federal appeals court on Friday refused to block enforcement of the law.

In a statement Saturday, the Illinois State Rifle Association said it was not surprised by the 7th Circuit panel’s 2-1 decision, which said plaintiffs in the consolidated cases had not met their burden to show they were likely to win in a constitutional challenge to the law.

“It has always been and is our intent to take our case to the U.S. Supreme Court where we believe we can get a favorable ruling for law-abiding gun owners in Illinois,” the organization said. “We will continue to stand up for the Second amendment and Illinois law-abiding gun owners and against our anti-gun Governor Pritzker and General Assembly.”

In addition, the National Foundation for Gun Rights – which provided attorneys involved in the consolidated case – said it will appeal as well.

“Semi-auto bans like Illinois’ strike right at the heart of the Second Amendment and are completely inconsistent with multiple Supreme Court precedents,” the organization said in a statement. “We will keep fighting and are preparing to appeal this outrageous ruling.”

The 7th Circuit’s decision on Friday left in place the state’s assault weapons ban as well as local bans enacted by Cook County and the cities of Chicago and Naperville.

The state of Illinois and the city of Naperville both enacted their bans in response to a mass shooting last year at an Independence Day parade in Highland Park that left seven people dead and dozens more injured or traumatized.

Authorities say the alleged shooter in that incident used a Smith & Wesson M&P 15 semiautomatic rifle and carried three 30-round magazines. That type of gun and magazine are now banned under the state’s assault weapons law.

The majority opinion from the 7th Circuit focused on whether that type of weapon, or others like it, were protected under the Second Amendment.

That opinion, written by Judge Diane Wood and cosigned by Judge Frank Easterbrook, drew a distinction between the types of “bearable” arms commonly used for self-defense and the type of weapons typically reserved only for military uses.

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While this is pretty much nothing more than the 7th poking their finger in the eye of SCOTUS, the sooner this gets to there, so we know what the words of the 2nd amendment mean to the courts, and thus to law, the better.

Seventh Circuit Overturns Injunction Against Illinois “Assault Weapons Ban”, Says AR-15s Aren’t Protected Arms

On the face of it, Friday’s decision by the Seventh Circuit Court of Appeals to overturn an injunction against enforcement of Illinois’ recently enacted ban on “assault weapons” and “large capacity” magazines doesn’t change circumstances on the ground. The three-judge panel that issued today’s decision had previously stayed U.S. District Judge Stephen McGlynn’s injunction while the state appealed, so the law has been in effect throughout litigation.

Still, the 2-1 decision does matter, both because it provides an opportunity for some or all of the plaintiffs to appeal on an emergency basis to the Supreme Court and because it will undoubtedly be cited by other anti-gun judges around the country, including those on the Ninth Circuit panel hearing the appeal of Judge Roger Benitez’s decision striking down California’s ban on “assault weapons.”

I won’t have a chance to do a deep dive into the opinion until this weekend, but one thing immediately stuck out to me as I was giving a quick look-over. The three-judge panel concluded that AR-15s (and presumably semi-automatic rifles in general) are not protected by the Second Amendment because they’re too close to machine guns:

Coming directly to the question whether the weapons and feeding devices covered by the challenged legislation enjoy Second Amendment protection, at the first step of the Bruen analysis, we conclude that the answer is no.

We come to this conclusion because these assault weapons and high-capacity magazines are much more like machineguns and military grade weaponry than they are like the many different types of firearms that are used for individual self-defense (or so the legislature was entitled to conclude). Indeed, the AR-15 is almost the same gun as the M16 machinegun. The only meaningful distinction, as we already have noted, is that the AR-15 has only semiautomatic capability (unless the user takes advantage of some simple modifications that essentially make it fully automatic), while the M16 operates both ways. 

Both weapons share the same core design, and both rely on the same patented operating system.

If the distinction between semi-automatic and select fire is enough to render modern sporting rifles outside the scope of the Second Amendment, according to the Seventh Circuit, then what does that mean for semi-automatic handguns? Are they too close to machine guns to be protected as well? Note this passage from the majority opinion:

The similarity between the AR-15 and the M16 only increases when we take into account how easy it is to modify the AR-15 by adding a “bump stock” (as the shooter in the 2017 Las Vegas event had done) or auto-sear to it, thereby making it, in essence, a fully automatic weapon.

You can (illegally) attach an auto-sear or a switch to many semi-automatic handguns as well. Is the Seventh Circuit suggesting that the most popular make of handguns, undoubtedly in common use for lawful purposes, is also beyond the Second Amendment’s protection?

It sure sounds like it to me, though the panel didn’t have to address that issue since the state hasn’t attempted to ban the majority of semi-automatic pistols, only a subset it deems to be “assault weapons”. This is actually something that gun control activists have been arguing for a couple of years now, both in civil litigation and in lobbying the Biden administration to reclassify many semi-automatic firearms as machine guns under the National Firearms Act.

If the Seventh Circuit’s twisted logic is adopted or allowed to stand by the Supreme Court, not only would the most popular style of rifle be implicated, but the vast majority of handguns that are in the hands of lawful gun owners across the country as well. The 2-1 decision is bad enough, but the long term implications will be even worse unless and until SCOTUS makes it clear that the Seventh Circuit got it wrong.

Why this is even a question is what’s amazing;
“Unrealized” gains – emphasis on the word unrealized –are not ‘income’ since they haven’t been paid or credited.
This is simply the goobermint exercising power over people. They don’t need our money, they print it at leisure. Taxing keeps the people from using for their own purposes.

The stakes are high as Supreme Court considers this obscure, unconstitutional tax

Word games are usually fun. They become less fun, however, when the government uses them to levy unjust and unconstitutional taxes from the citizenry.

The Supreme Court is set to determine whether Congress , for the purposes of taxation, may classify unrealized capital gains as “income.” Should the justices rule in Moore vs. United States rule against the plaintiffs, the federal government effectively would gain seismic new powers to tax almost any property from which it hopes to extract revenue. This would conflict directly with the Constitution ’s plain text and original meaning.

Charles and Kathline Moore, the case’s plaintiffs, have challenged an obscure provision in 2017’s landmark Tax Cuts and Jobs Act. This provision created a “mandatory repatriation tax” (MRT), which subjects Americans who own stock in foreign companies to a one-time tax on some of those companies’ earnings over the previous 30 years. Congress classified it as an “income” tax.

The Moores in 2006 purchased a 13% share of an Indian company, KisanKraft, that provides farming equipment to impoverished regions. Since then, they never have received any dividend or other form of compensation or profit from this investment. They have seen no “income.” Nonetheless, they found themselves subjected to the MRT.

“The Moores were … taxed as if KisanKraft … had … distributed to the Moores a dividend worth 13% of KisanKraft’s total earnings since 2006,” the Cato Institute explains in its amicus brief.

Beginning with dictionary definitions, the government’s arguments wilt. “Income has a plain and longstanding meaning: for something to be ‘in-come,’ it must, in some way, ‘come in,’” as the Chamber of Commerce writes. Moreover, early-1900s legal authorities believed “income” necessarily implied realization of gains. Put differently, “income” by nature requires the taxable money to become separated from the capital asset; an asset’s increased value cannot alone suffice. This interpretation corresponds with 19th-century caselaw, discussions surrounding the 16th Amendment’s ratification, contemporaneous state statutes, the Revenue Act of 1913 (which instituted the newly constitutional income tax), and subsequent Supreme Court precedent.

The Framers worried much about abusive federal taxation, and the Constitution originally disallowed Congress to institute any direct tax not apportioned based on state population. The 16th Amendment (ratified in 1913) exempted income taxes from this restriction. Far from a blanket mandate, this amendment’s drafters and ratifiers intended it as a defined carveout to authorize a specific sort of tax.

Only if the Supreme Court adopts the government’s bastardized definition of “income” can the non-apportioned MRT stand.

Further, the MRT required U.S. shareholders to pay tax on foreign companies’ earnings dating back to 1987. Demanded a percentage of 30-year-old earnings (which, to be clear, are better labeled simply as “private property”) resembles more a property tax, taking, or a confiscation than a traditional tax.

Indulging congressional whim by expanding this definition radically (as the U.S. Court of Appeals for the Ninth Circuit did when it ruled against the Moores) greatly increases the federal government’s de facto taxation powers. “Without the guardrails of a realization component, the federal government has unfettered latitude to redefine ‘income’ and redraw the boundaries of its power to tax without apportionment,” the outnumbered Ninth Circuit judge Patrick Bumatay argued in dissent.

Indeed, prominent politicians such as President Joe Biden already have advocated an unrealized capital gains tax; the president’s latest budget proposal featured one on wealth exceeding $100 million. A mistaken Supreme Court decision would feed this effort and far worse ones.

“The powers delegated by the proposed Constitution to the federal government are few and defined,” James Madison stated in Federalist No. 45.
However, if the Supreme Court in Moore rules that Congress — simply by adopting erroneous interpretations of legally settled terminology — can arrogate to itself vast authorities, an important constitutional guardrail against tyranny would effectively have no force.

Supreme Court Roundup: Not all History is Created Equal

In a previous post, I wrote about the attempt by Merrick Garland’s Justice Department in United States v. Rahimi, set to be argued before the Supreme Court on November 7, to sidestep the controlling “text and history” interpretative methodology described in District of Columbia v. Heller and in New York State Rifle & Pistol Ass’n v. Bruen. Rahimi is the case challenging the facial constitutionality of 18 U.S.C § 922(g)(8), a federal statute that disarms any individual subject to a state domestic violence restraining order (DVRO). In that post, I explained how the Government is contending, contrary to Bruen, that the established rule is that “Congress may disarm persons who are not ‘law-abiding, responsible citizens.'” That statement is not just incorrect, but a serious distortion of what Heller actually said.

As it turns out, the Government’s recently filed reply brief contains several other important errors about the fundamental principles to be applied when assessing historical analogue laws, which are central to Bruen‘s methodology.  Let’s start with an easy one.  The Government takes Rahimi to task for allegedly asserting that Bruen limits courts to historical evidence from “near the time of ratification.” Here’s what Rahimi’s brief actually said, after discussing attempts by some courts to boost some dicta in Heller to the level of substantive constitutional law:

[T]he original meaning of the Second Amendment must be determined exclusively using the text and the historical tradition of firearm regulations adopted near the time of ratification—not with assumptions or dicta. 

That statement by Rahimi was contrasting the use of actual historical traditions to determine the meaning of the Second Amendment, as opposed to twenty-first century dicta, or assumptions by lower courts regarding what those dicta meant. It was not an attempt to fine tune the period of time with precision.

Yet Rahimi is correct that the time around the adoption of the Bill of Rights must be the principal period to determine the original public meaning of its provisions.  Bruen quoted Heller to the effect that “Constitutional rights are enshrined with the scope they were understood to have when the people adopted them,” before noting that “The Second Amendment was adopted in 1791….”

The Bruen opinion also quoted approvingly a dissent by then-Judge Kavanaugh: “post-ratification adoption or acceptance of laws that are inconsistent with the original meaning of the constitutional text obviously cannot overcome or alter that text.” The six-person Bruen majority also relied on a dissenting statement by Chief Justice Roberts, in Sprint Communications v. APCC Services (2008), that “The belated innovations of the mid- to late-19th-century courts come too late to provide insight into the meaning of [the Constitution in 1787].” The same is true of the Bill of Rights, adopted in 1791.

The Government claims in its brief that “the Court has consulted post-ratification evidence—extending ‘through the end of the 19th century’—’to determine the public understanding of’ the Amendment.” But as Bruen notes, another case made clear that this evidence was reviewed “only after surveying what [the Court] regarded as a wealth of authority for its reading—including the text of the Second Amendment and state constitutions.” Bruen continues, “In other words, this 19th-century evidence was ‘treated as mere confirmation of what the Court thought had already been established.'” See also Justice Barrett’s concurrence in Bruen, quoting Espinoza v. Montana Dept. of Revenue (2020) (a practice that “arose in the second half of the 19th century … cannot by itself establish an early American tradition” informing our understanding of the First Amendment); Mark W. Smith, Attention Originalists: The Second Amendment Was Adopted in 1791, not 1868, Harvard Journal of Law & Public Policy Per Curiam (Fall 2022).

So Rahimi is right.  A court must look principally to the Founding era to determine the meaning of the Second Amendment.  It can look at later evidence only for confirmation, not to change the original understanding.

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Texas Granted Temp Restraining Order Against Biden Admin Preventing Removal Of Razor Wire At Border.

Judge Alia Moses of the U.S. District Court for the Western District of Texas ordered the Biden Administration to stop cutting the razor wire installed on the Texas border to deter illegal migrant crossings.

The temporary restraining order is in place “until the parties have an opportunity to present evidence at a preliminary injunction hearing before the Court.”

The order stops the Biden administration from (property refers to the razor wires):

  • Removing the property from its present location for any reason other than to provide or obtain emergency medical aid
  • Concealing the property in any way
  • Offering the property for sale, rent, or use to any person, business, or entity
  • Selling or otherwise transferring the property in whole or in part
  • Encumbering the property in any way
  • Scrapping the property
  • Disposing of the property in any way
  • Dissembling, degrading, tampering with, or transforming the property in any way for any reason other than to provide or obtain emergency medical
  • Failing to take all steps necessary to protect the property against damage or loss of any kind

Moses granted the restraining order for three reasons.

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New York City Gun Restrictions Ruled Unconstitutional

Local laws allowing New York City officials to subjectively deny gun possession permits violate the Second Amendment, a federal judge ruled Tuesday.

U.S. District Judge John P. Cronan struck down portions of a New York City law governing when licensing officials may deny permits to own rifles, shotguns, and handguns. Cronan determined that allowing the City to deny licenses to applicants who are “not of good moral character” or when they feel “other good cause” exists allows too much discretion and does not fit with how America historically regulated guns. He found that makes them unconstitutional under the Supreme Court’s latest Second Amendment test.

“This case is not about the ability of a state or municipality to impose appropriate and constitutionally valid regulations governing the issuance of firearm licenses and permits,” Judge Cronan wrote in Srour v. NYC. “The constitutional infirmities identified herein lie not in the City’s decision to impose requirements for the possession of handguns, rifles, and shotguns. Rather, the provisions fail to pass constitutional muster because of the magnitude of discretion afforded to City officials in denying an individual their constitutional right to keep and bear firearms, and because of Defendants’ failure to show that such unabridged discretion has any grounding in our Nation’s historical tradition of firearm regulation.”

The decision, which is likely to be appealed by city officials, may result in more residents of the nation’s largest city being able to legally arm themselves. It also represents the continuing fallout from a landmark gun case ruling handed down by the Supreme Court last year.

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Why Biden Wants SCOTUS To Rule Agains Rahimi

I’m going to start this off by saying what we almost have to say when talking about the Rahimi case, that the plaintiff in this case is not a good person. By all indications, he’s a terrible human being and not someone I’d want as part of my life.

But, our rights don’t exist only for those we approve of. They have to be protected for everyone, regardless of whether they’re a good person or not.

And Zachey Rahimi is such a person.

Now, his case is going to the Supreme Court, and a lot of people are blatantly misrepresenting it. They’re saying it’s about keeping domestic abusers disarmed, all while ignoring that the case doesn’t try to take on laws that rule those convicted of such offenses are prohibited from owning guns.

Because Rahimi wasn’t convicted of any such thing when he was charged with illegally possessing a gun. He just had a restraining order against him.

Over at The Federalist, John Lott gets into the real reason the Biden administration is fighting this so hard.

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Oklahoma Ban on Sex Changes for Minors Upheld by Federal District Court
Judge has ruled that the state law banning procedures or therapies for children under 18 doesn’t violate parents’ constitutional rights

U.S. District Court Judge John F. Heil has ruled that an Oklahoma state law banning sex-change procedures on children was constitutional and therefore could be enforced.

The ruling on Oct. 5, 2023, came as a result of a motion for injunctive relief to restrain the state from implementing the law.

Five young people identifying as transgender and in some degree of transition, their parents or legal guardians, and a health care provider are the plaintiffs in the case.

The defendant is Oklahoma Attorney General Gentner Drummond, a Republican.

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Judge Bars Trump From Campaigning Against His Top Political Opponent

A U.S. District Court judge has barred former President Donald Trump from campaigning against his top political opponent: the federal government.

On Monday, Judge Tanya Chutkan issued a gag order to prohibit the Republican frontrunner from speaking out on the case just more than a year out from the next election. The order bars Trump from publicly defending himself against attacks from potential witnesses, court personnel, or federal prosecutors in the case, including Special Counsel Jack Smith.

“This is not about whether I like the language Mr. Trump uses,” Judge Chutkan reportedly said. “This is about language that presents a danger to the administration of justice.”

The order itself, however, presents a danger to American democracy. Democrats are already trying to prevent Americans from being given the chance to vote on the former president. Now, far-left activists are wielding the judiciary to prevent Trump from leading an effective campaign. With a more than 45-point lead in the Republican primary, Trump isn’t running against the other candidates attempting to challenge him. He’s running against the Department of Justice, and the Department of Justice under President Joe Biden is running against him with 44 federal indictments to thwart the GOP frontrunner’s triumphant return.

The special counsel prosecuting Trump over protestors’ 2021 attack on the Capitol requested the gag order in September, alleging the former president’s statements over the case sought to “undermine the integrity of these proceedings and prejudice the jury pool.” Yet the proceedings were undermined from the start with the selection of Judge Chutkan to preside over the politically charged case in the nation’s capital. Just more than a week after Smith requested the gag order, Chutkan refused a motion from Trump’s legal team that she recuse herself from the trial.

There has never been any doubt on how Chutkan might rule on consequential decisions since the Jan. 6 indictments were first handed down on Aug. 1. An activist judge with an obvious animus against the former president and his supporters, federal prosecutors could not have been given a more friendly judge in a district more friendly to the government’s case. Beyond the fact residents in Washington D.C. voted for Biden over Trump in 2020 by a whopping 92 to 5 percent, an Emerson College survey found a majority, 64 percent, had already made up their minds to vote in favor of convicting Trump if they were selected for his jury. Only 8 percent said they would find Trump innocent, and another 28 percent were unsure. Chutkan herself is likely among those who would vote in favor of convicting based on recent rulings and statements.

According to the Associated Press in August, the Obama-appointed judge built a reputation as “a tough punisher of Capitol rioters.” Chutkan presided over more than three dozen cases of those charged with crimes related to the Capitol riot.

“Other judges typically have handed down sentences that are more lenient than those requested by prosecutors,” reported the AP. “Chutkan, however, has matched or exceeded prosecutors’ recommendations in 19 of her 38 sentences. In four of those cases, prosecutors weren’t seeking any jail time at all.”

Chutkan has also condemned comparisons of the Jan. 6 Capitol riot to the deadly riots for so-called “social justice” of 2020. The fiery riots, she claimed in one hearing, were actually “the actions of people protesting, mostly peacefully, for civil rights.” The Capitol riot, on the other hand, was an attempt to “violently overthrow the government.” Never mind the $2 billion worth of damage, making the outbreak of leftist violence one of the most destructive in American history, and “protestors” targeting of federal buildings. The carnage from the summer of rage cost 66 times more than the estimated damage done to the Capitol in the hours-long riot.

Trump’s Republican rivals attacked him for shelling out a disproportionate amount of campaign funds for his own legal defense. Those attacks, however, fail to grapple with the reality that for Trump, his serious opponents aren’t the other Republicans in the race. His primary contest is one with the federal government trying to silence him.

New Jersey faces challenge to ‘assault’ weapons ban

(The Center Square) — New Jersey is facing a challenge to its ‘assault’ weapons ban, with Second Amendment groups asking a federal judge to strike down the law.

In a new filing in U.S. District Court, the plaintiffs in three related lawsuits challenging New Jersey’s ban and other firearm restrictions argue that the gun control measures are unconstitutional and request a summary motion in favor of their claims.

The lawsuits were filed by the Association of New Jersey Rifle, Pistol Clubs and Firearms Policy Coalition and others on behalf of gun owners who argue the state’s ‘assault’ weapons ban violates the Second Amendment and a 2022 U.S. Supreme Court decision “upholding the right of honest citizens to carry firearms for personal protection.”

“The common thread tying them together is the righteous claim that, at its core, New Jersey’s regulatory scheme blatantly violates the fundamental rights of the state’s law-abiding citizens to keep and bear arms in common use for self-defense and other lawful purposes,” plaintiffs wrote in the motion.

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Ninth Circuit Rules California Law Banning Firearms Advertisements Likely Violates the First Amendment in NRA-Backed Case.

NRA scored a legal victory in the Ninth Circuit Court of Appeals against an overbroad California law that bans firearms advertisements that may be attractive to minors.

In June of 2022, the California Assembly passed and Governor Newsom signed AB-2571 into law. NRA filed suit shortly thereafter. The bill as originally drafted was so overbroad that it effectively banned advertising youth-hunter-education programs. The NRA’s lawsuit pointed that out, and the state promptly amended the statute so that it only bans advertisements of firearms products “in a manner that … reasonably appears to be attractive to minors.” But that didn’t fix the law’s overbreadth problem. It still banned advertisements featuring a parent hunting or shooting with their minor child.

The Ninth Circuit rightly recognized that the law was overbroad and banned truthful advertisements related directly to the Second Amendment—which the First Amendment forbids. The court remanded the case back to the trial court for further proceedings. The state, however, is refusing to accept the obvious. It has asked for an extension of time to seek a rehearing en banc, before 11 judges on the Ninth Circuit.

We look forward to continuing the fight in this case for our members.

The Case is captioned Safari Club International v. Bonta. United States Sportsmen’s Alliance Foundation and Congressional Sportsmen’s Foundation are also parties to the case.

A closer look at more amici briefs in the next SCOTUS 2A case

United States v. Rahimi is a case dealing with a prohibited person being in possession of arms. Just the other day I covered one of the many amici briefs that have been filed in support of Rahimi, one that the Second Amendment Foundation wrote. There’s a lot of attention being paid to this particular case, for good reason. It’s quite possible that the U.S. Attorney General is going to use this case as an opportunity to twist and contort NYSRPA v. Bruen.  To date, there have been 21 and counting briefs filed in support of Rahimi and about 36 in support of the U.S. government.

The Rahimi question is whether or not a blanket prohibition on those subject to a civil domestic violence restraining order would be constitutional. Rahimi, during the course of some less-than-savory acts, got charged with being in possession of a firearm when under such an order. The case at hand is not about whether or not violent people or those who beat their domestic partners should or should not have firearms, but rather about if a civil – not criminal – process should lead to the loss of a constitutional right.

Discussed previously, SAF’s brief goes straight to “the only analogue that was around at the time of the founding” concerning blanket prohibitions had to do with British loyalists in a post revolution time.

A brief that was filed on October 4, 2023 by multiple “law enforcement groups” and “firearms rights groups” latches onto an argument that I’ve been making since day one – this is a due process case.

That brief represents the following groups: Bridgeville Rifle & Pistol Club, Connecticut Citizens Defense League, Delaware State Sportsmen’s Association, Gun Owners Action League (Massachusetts), Law Enforcement Legal Defense Fund, Maryland State Rifle & Pistol Association, Vermont Federation of Sportsmen’s Clubs, Vermont State Rifle & Pistol Association, Virginia Shooting Sports Association, Western States Sheriffs’ Association, and Women for Gun Rights (Formerly known as the DC Project).

The 37 page text makes the argument that we need not look any further than the facially unconstitutional due process violations that are involved.

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