Litigation After the Fifth U.S. Circuit Court of Appeals ruled that it is unconstitutional for a state to ban a person under a domestic violence protection order from possessing firearms (see this post), the Department of Justice is asking the U.S. Supreme Court to overturn the decision and reinstate the federal ban. Five gun cases out of New York’s federal …
Litigation, follow-ups. Judge Nelson Roman of the U.S. District Court for the Southern District of New York ruled on Monday in the case in Frey v. Nigrelli that the gun-free zone that covers several city blocks in midtown Manhattan, New York City, does not violate the Second Amendment. In a strained, expansive decision, Judge Roman said that the ban is …
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Litigation U.S. District Court Judge Reed O’Connor of the Northern District of Texas, Fort Worth Division, has granted a preliminary injunction (pdf link) against the federal government’s enforcement of the final rule regarding partially manufactured firearm parts and kits in a case known as VanDerStok v. Garland, which challenged the authority of the Justice Department and ATF to regulate items …
Bad Justice System The American Bar Association’s Plea Bargain Task Force revealed in a new report (pdf link) last week that 98% of federal criminal cases end in plea bargains rather than a trial. This is a problem. First, innocent people are taking plea deals because of corrupt cops and prosecutors who shouldn’t have brought charges in the first place, …
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Judiciary About those Kavanaugh hearings. You won’t see this in the lamestream media. Oregon judge unhinged, saying concern over out Second Amendment rights is “an antisemitic and racist conspiracy theory.” Take action here. Litigation The Third U.S. Circuit Court of Appeals (Delaware, Pennsylvania and New Jersey and the District of the Virgin Islands) has agreed to hear en banc the …
Litigation U.S. ConstitutionArticle ISection 1: Congress “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” I don’t see the ATF or any other administrative agency in there. Over half of the states’ attorneys general agree and are suing the ATF. Gun Owners of America …
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Litigation A panel of the 5th U.S. Circuit Court of Appeals unanimously ruled (pdf link) last week that it is unconstitutional for a state to ban a person under a domestic violence protection order from possessing firearms, saying, “The question presented in this case is not whether prohibiting the possession of firearms by someone subject to a domestic violence restraining …
Litigation In Illinois after the passage of the new state gun ban, the Crawford County state-level case was moved from state court to the federal U.S. District Court for the Southern District of Illinois last week, the Illinois State Police motioned to consolidate Langley et al v. Kelly et al. with three other cases filed in federal court: Illinois State …
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