MA: Carry Permit Case Derived from Bruen Resolved in Favor of Plantiff

The Second Amendment case of Morin v Lyver, granted certiorai, vacated, and remanded back to the First Circuit, has been decided in favor of the plaintiff, Alfred Morin.

In June of 2022, the Supreme Court published clarification of how the Second Amendment should be treated by the Courts, in the Bruen decision. Bruen gave clear guidance on how Heller should be applied. This was necessary because the Circuit courts had created a complicated two step process which was used to side step the Heller decision. In Bruen, the court said the two step process was one too many. The Court laid out a simple process to judge Second Amendment cases. As a result of Bruen four pending cases were granted certiorari, vacated, and remanded back to their circuits for rehearing using the Bruen process. Morin v Lyver was one of the four cases. It was remanded back to the First Circuit on October 3, 2022.

Morin was severely victimized as an honest man attempting to follow the law. He suffered significant legal damage for the attempt. Morin had been issued a Massachusetts license to carry in 1985. He had grown accustomed to legally go about armed. He visited the District of Columbia, and was about to enter the Museum of Natural History when he noticed he was not allowed to carry firearms in the Museum. From casetext.com:

The Commonwealth issued Plaintiff a Class A license to carry firearms in 1985. His Class A license allowed him to carry a concealed firearm in public, and he had a habit of always carrying a loaded pistol on his person. In October 2004, Plaintiff drove from Massachusetts to Washington, DC, to visit his daughter.

Unaware that the District of Columbia would not recognize his Massachusetts license, he carried his pistol with him. While visiting the American Museum of Natural History during his trip, Plaintiff noticed a sign banning firearms. He approached a guard at the museum and asked to check his weapon. The guard contacted the police, who arrested Plaintiff and charged him with carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition.

Plaintiff pled guilty to attempting to carry a pistol without a license, in violation of D.C. Code § 22-3204(a)(1) (2004), and possession of an unregistered firearm, in violation of D.C. Code § 6-2376 (2004). (Docket No. 21-3). The court sentenced him to sixty days in prison on each count, to run concurrently, as well as three months of supervised probation and twenty hours of community service.

His prison sentence was suspended.

When Morin applied to have his carry permit renewed in 2008, he was denied because of the D.C. conviction. Morin appealed this decision all the way to the Supreme Court of the United States. Morin’s case became part of the legacy of the Bruen decision. The Court of Appeals for the First Circuit sent the case back to the Massachusetts District Court.

Rather than re-hear the case, the Plaintiff (Alfred Morin) and the defendants (Commonwealth of Massachusetts and Police Chief William Lyber) agreed to a joint motion for judgement and proposed judgement. Plaintiff Morin would be issued a permit to purchase. The judgment was filed on March 3, 2023. From the Joint Motion for Judgement:

The parties agree that the Court should enter the following order of judgment in favor of Plaintiff:

Under the specific facts of this case and applicable law, including but not limited to New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022), the limitations contained in G.L. c.140, § 131A to the extent it incorporates G.L. c. 140, § 131(d)(ii)(D), cannot properly be applied to Plaintiff, and Defendants should accordingly issue Plaintiff a permit to purchase pursuant to G.L. c.140, §131A.

Morin is the second  of the four cases which were granted certiorari, vacated, and remanded back to their circuits to reach a final judgement after Bruen.  Young v Hawaii  reached a settlement on December 15, 2022.  Duncan v Bonta is still in play in the Ninth Circuit. Association of New Jersey Rifle and Pistol Clubs, Inc v Grewal is ongoing in the Court of Appeals for the Third Circuit.

 

The Myth That Biden Had Nothing to Do With the Prosecutions of Trump

The five criminal and civil prosecutions of former President Donald Trump all prompt heated denials from Democrats that President Joe Biden and Democrat operatives had a role in any of them.

But Biden has long let it be known that he was frustrated with his own Department of Justice’s federal prosecutors for their tardiness in indicting  Trump.

Biden was upset because any delay might mean that his rival Trump would not be in federal court during the 2024 election cycle. And that would mean he could not be tagged as a “convicted felon” by the November election while being kept off the campaign trail.

Politico has long prided itself on its supposed insider knowledge of the workings of the Biden administration. Note that it was reported earlier this February that a frustrated Joe Biden “has grumbled to aides and advisers that had (Attorney General Merrick) Garland moved sooner in his investigation into former President Donald Trump’s election interference, a trial may already be underway or even have concluded…”

If there was any doubt about the Biden administration’s effort to force Trump into court before November, Politico further dispelled it — even as it blamed Trump for Biden’s anger at Garland: “That trial still could take place before the election and much of the delay is owed not to Garland but to deliberate resistance put up by the former president and his team.”

Note in passing how a presidential candidate’s legal right to oppose a politicized indictment months before an election by his opponent’s federal attorneys is smeared by Politico as “deliberate resistance.”

Given Politico was publicly reporting six months ago about Biden’s anger at the pace of his DOJ’s prosecution of Trump, does anyone believe his special counsel, Jack Smith, was not aware of such presidential displeasure and pressure?

Note Smith had petitioned and was denied an unusual request to the court to speed up the course of his Trump indictment.

And why would Biden’s own Attorney General, Garland, select such an obvious partisan as Smith? Remember, in his last tenure as special counsel, Smith had previously gone after popular Republican and conservative Virginia governor Bob MacDonald.

Yet Smith’s politicized persecution of the innocent McDonnell was reversed by a unanimous verdict of the U.S. Supreme Court. That rare court unanimity normally should have raised a red flag to the Biden DOJ about both Smith’s partiality and his incompetence.

But then again, Smith’s wife had donated to the 2020 Biden campaign fund. And she was previously known for producing a hagiographic 2020 documentary (“Becoming”) about Michelle Obama.

Selecting a special counsel with a successful record of prior nonpartisan convictions was clearly not why the DOJ appointed Smith.

The White House’s involvement is not limited to the Smith federal indictments.

Fulton County district attorney Fani Willis’s paramour and erstwhile lead prosecutor in her indictment of Trump, Nathan Wade, met twice with the White House counsel’s office. On one occasion, Wade met inside the Biden White House.

Subpoenaed records reveal that the brazen Wade actually billed the federal government for his time spent with the White House counsel’s staff — although so far no one has disclosed under oath the nature of such meetings.

Of the tens of thousands of local prosecutions each year, in how many instances does a county prosecutor consult with the White House counsel’s office — and then bill it for his knowledge?

Manhattan District Attorney Alvin Bragg’s just-completed felony convictions of Trump were spearheaded by former prominent federal prosecutor Matthew Colangelo. He is not just a well-known Democratic partisan who served as a political consultant to the Democratic National Committee.

Colangelo had also just left his prior position in the Biden Justice Department — reputedly as Garland’s third-ranking prosecutor — to join the local Bragg team.

Again, among all the multitudes of annual municipal indictments nationwide, how many local prosecutors manage to enlist one of the nation’s three top federal attorneys to head their case?

So, apparently, it was not enough for the shameless Bragg to campaign flagrantly on promises to go after Trump. In addition, Bragg brashly drafted a top Democratic operative and political appointee from inside Joe Biden’s DOJ to head his prosecution.

Not surprisingly, it took only a few hours after the Colangelo-Bragg conviction of Trump for Biden on spec to start blasting his rival as a “convicted felon.” Biden is delighted that his own former prosecutor, a left-wing judge, and a Manhattan jury may well keep Trump off the campaign trail.

So, it is past time for the media and Democrats to drop this ridiculous ruse of Biden’s White House “neutrality.” Instead, they should admit that they are terrified of the will of the people in November and so are conniving to silence them.

Why It’s Never Just About the Second Amendment

The Second Amendment is part of the Bill of Rights, the first ten amendments to the Constitution. They were ratified when the ink was only just dried, in part because the Founding Fathers recognized that absent certain protections, some rights would be tempting to infringe upon.

The First Amendment protects pretty much every form of speech and keeps the government from having a state religion, which would arguably be another way to control speech.

The Second Amendment is the insurance policy that makes sure we can protect all the other rights from a tyrannical government. After all, a document isn’t going to be sufficient to deter a tyrant, as we well know.

And that brings me to the recent win before the Supreme Court by the NRA. While the matter is far from settled, it’s clear that the justices were less than pleased by the attack on free speech by a New York state official.

In the process, we can see how rights complement one another, which is why they all need protection.

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SCOTUS asked to hear challenge to New York’s concealed carry law

The U.S. Supreme Court is being asked to hear a legal challenge to New York’s sweeping 2022 gun control law, which sets limits on who can get concealed carry permits.

lawsuit filed by a New York gun owner challenges the state’s new restrictions barring gun owners from carrying weapons in parks, bars and other “sensitive” locations and requiring them to demonstrate “good moral character” to get a gun permit.

In December, the 2nd U.S. Circuit Court of Appeals reversed a lower federal court decision that had gutted the law, which set a list of public areas where firearms are not permitted. The three-judge panel lifted that order, saying most of the gun law’s restrictions were consistent with the country’s history of regulating firearms in public areas.

But the plaintiff in the new legal challenge ripped the 2nd Circuit’s decision, arguing in the 38-page complaint that it was based on flawed interpretation of the Second Amendment’s requirements.

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“I believe in freedom and a level playing field of competition. If you want to change that playing field to your advantage, you have basically given me license–through your example–to do what I need to do. Because when I come back at you, I’m going to destroy your side of the playing field.”
– Marvin Heemeyer

“The EPP is just beginning to see the perils of mass immigration”: An Interview with Geoffrey van Orden


This is about 1/2 way down the article and applies to the U.S. just as much as to European nations.


Where does the greatest challenge for the West lie: abroad, or in domestic policies of open borders and green pacts?

The West faces multiple challenges, both internal and external. Mass uncontrolled immigration of people from entirely different cultures and habits is sheer madness. While the genuinely persecuted are rightly offered sanctuary, and small numbers of other people with particular skills or resources can be integrated into our societies, we are demonstrably incapable of properly integrating very large numbers of strangers. The effect is unwelcome changes to our own systems and loss of national cohesion at a time when this is more necessary than ever.

The vulnerabilities and fractures in our society are exploited by external enemies. While we had imagined that conflict between European states was a thing of the past, following the collapse of the Soviet Union, the invasion of Ukraine has provided a salutary shock. The West needs to rearm and demonstrate the solidarity and resilience of its alliances, particularly NATO. EU involvement, through its autonomous defence ambition, is a dangerous distraction from this.

REVEALED: Dr. Anthony Fauci confesses he ‘made up’ covid rules including 6 feet social distancing and masking kids

Bombshell testimony from Dr. Anthony Fauci reveals he made up the six foot social distancing rule and other measures to ‘protect’ Americans from covid.

Republicans put out the full transcript of their sit down interview with Fauci from January just days before his highly-anticipated public testimony on Monday.

They plan to grill him about covid restrictions he put in place, that he admitted didn’t do much to ‘slow the spread’ of the virus.

Kids’ learning loss and social setbacks have been well documented, with one National Institute of Health (NIH) study calling the impact of mask use on students’ literacy and learning ‘very negative.’

And the impacts from social distancing caused ‘depression, generalized anxiety, acute stress, and intrusive thoughts,’ another NIH study found.

Dr. Anthony Fauci, former Director of the National Institute of Allergy and Infectious Diseases, claimed the six foot social distancing rule ‘sort of just appeared’ and said that he ‘might have’ reviewed studied on masking kids but ‘that’s still up in the air’

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Vermont’s Republican governor allows ghost gun bill to become law without his signature

Vermont Gov. Phil Scott, a Republican, has allowed a bill to become law that requires serial numbers on firearms that are privately made with individual parts, kits or 3D printers.

Scott allowed the bill, part of an effort to crack down on hard-to-trace ghost guns that are increasingly showing up in crimes, to become law without his signature. He said in a letter to lawmakers Tuesday that while he agrees that firearms should be serialized as a public safety measure, he has concerns about the law’s “practicality and impact.”

“Over the last decade, as anti-policing policies increased and criminal accountability has steadily decreased, violent crime has grown in Vermont,” Scott wrote. “This is why I believe we should instead focus on measures that will reverse these trends over those, like S.209, that are unlikely to have any measurable impact on violent crime.”

Supporters of the measure in the Democratic-controlled Legislature have said it’s critical for Vermont to keep the weapons out of the hands of people who aren’t allowed to have firearms. The U.S. Supreme Court agreed last month to take up a Biden administration appeal over the regulation of the difficult-to-trace ghost guns.

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Justice Sotomayor is the absolute most left/anti-gun one on the court. For her to write this decision must have chapped her hide.


Supreme Court unanimously rules for NRA in free speech fight

The Supreme Court unanimously ruled Thursday that the National Rifle Association (NRA) can move forward in its free speech fight against a former New York regulator.

Authored by liberal Justice Sonia Sotomayor, the ruling revives the gun-rights group’s First Amendment claim against Maria Vullo, who formerly ran the New York Department of Financial Services.

Vullo began investigating the NRA in 2017, and the probe led her to encourage insurers and banks she regulated to sever ties with the gun-rights group after the Parkland, Fla., school shooting that killed 17 students and staff and reignited a national debate surrounding gun control measures.

The NRA contended Vullo’s steps went beyond permissible advocacy and crossed into unconstitutional government coercion.

Thursday’s decision enables the NRA’s case to proceed, but the gun-rights group won’t necessarily pull out a victory in the end, as its legal burden will rise in later stages. The justices also made clear that a lower court could still find Vullo is entitled to qualified immunity, even if her actions were unconstitutional.

“Vullo was free to criticize the NRA and pursue the conceded violations of New York insurance law,” Sotomayor wrote.

“She could not wield her power, however, to threaten enforcement actions against DFS-regulated entities in order to punish or suppress the NRA’s gun-promotion advocacy,” the opinion continued. “Because the complaint plausibly alleges that Vullo did just that, the Court holds that the NRA stated a First Amendment violation.”

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US pier constructed off Gaza has broken apart

The temporary pier constructed by the US military to transport aid into Gaza broke apart and sustained damage in heavy seas on Tuesday in a major blow to the American-led effort to create a maritime corridor for humanitarian supplies into the war-torn enclave, the Pentagon said.

The pier was “damaged and sections of the pier need rebuilding and repairing,” Pentagon deputy press secretary Sabrina Singh said on Tuesday. The pier will be removed from its location on the Gaza coast over the next 48 hours and taken to the Israeli port of Ashdod, where US Central Command will carry out repairs, Singh said. The repairs will take more than a week, further delaying the effort to get the maritime corridor fully operating.

Earlier, four US officials told CNN the pier broke apart in heavy seas.

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We were right! The ONS lied about covid vaccine safety.

IN 2021 when the Office for National Statistics (ONS) started releasing its vaccine by mortality status reports we revealed that there were large spikes in the non-covid death rates in the ‘unvaccinated’. These spikes in mortality coincided with the first main vaccine rollout and did so for each age group (see this report, for example).
Here is the chart for non-covid mortality rates in weeks 1-38 of 2021 for the 60-69 age groups:

The charts for the other age groups looked much the same.

We asserted that these obvious anomalies were a result of the standard ONS procedure of categorising anyone within 20 days of their first dose as ‘unvaccinated’. However, in our own discussions with the ONS they maintained that, although that method was used for their efficacy calculations, it was not used when it came to mortality. They clearly said that a person dying any time after vaccination was correctly categorised as a vaccinated death in the mortality data they regularly released to the public and which formed the basis of a massive public communication campaign encouraging vaccination.

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The goobermint didn’t ‘spend’ that money. It’s gone into their pockets via accounting slight of hand trick. Plus they think we’re stupid.

I still say that it’s all up to Jill deciding just how much she like the FLOTUS grift.


Don’t Laugh: Here’s How Joe Could Pull Off a ‘Heroic’ Escape from the Brutal 2024 Campaign

It’s almost time for presidential candidates to sprint to the finish line in the 2024 race for the White House. Runners-up will walk away with a t-shirt and a sippy cup. Joe Biden’s already wearing the right shoes. He won’t be able to sprint in his Naturalizers, but there’s one way he could walk away — albeit stiffly — with a remnant of dignity and a great, though apocryphal, story for the family history books.

Now there are many ways that Joe could be tossed from the 2024 race. He could be unceremoniously blown out at his own Antifa convention in Chicago and replaced. His doctors could run out of that go-juice cocktail they fill him with before big events and he could implode more than usual in front of a huge crowd. Or he could leave like a family hero with some semblance of his dignity intact.

Some worry about Joe if he retires from public life. Look, if he gets out of the race he’ll be fine. For 50-plus years in politics, Joe would walk away with lovely parting gifts — and I’m not just talking about the ones he and Jill will steal from the White House and store next to the Corvette in the garage. Speaking of which, is he even allowed to drive that beautiful car anymore? Or is it now just Hunter’s ashtray?

Anyway, should Joe choose the dignified way out of the race which allows him to pretend he’s still a stand-up guy, albeit one who already looks embalmed, he is going to be just fine.

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