Jackson, MS mayor appoints himself king of the state, gets sued, runs away
Jackson, MS, Mayor Chokwe Antar Lumumba, who is a protégé of Michael Bloomberg’s Harvard City Leadership Initiative and a Bernie supporter, says he “suspended” the state “open carry” law by executive order. (I find no “open carry” statute in the state code.) He cited the wrong authorizing statute in his YouTube video announcement (no surprise there), but no law gives him that authority, and in fact the state preemption law and the state constitution prohibit such acts. Mayors can’t “suspend” state law or the constitution. No question about it, that boy ain’t right, and fortunately, few people pay any attention to him. As of this writing, five Mississippi state representatives – Dana Criswell, Steve Hopkins, Becky Currie, Dan Eubanks, and Brady Williamson – and Mississippi Attorney General Lynn Fitch demanded that the mayor rescind his order. (The order has now expired.)
The Mississippi Justice Institute, a non-profit constitutional litigation center and the legal arm of the Mississippi Center for Public Policy, has filed a lawsuit in the U.S. District Court of the Southern District of Mississippi against the mayor/city on behalf of Rep. Criswell (thank you Dana). MS Attorney General Lynn Fitch filed an amicus curiae brief in the case. U.S. Attorney Mike Hurst essentially and correctly called the mayor a liar and threatened to also join the lawsuit against the City. The mayor then illegally ran away from a process server while his strong-armed goons interfered.
Still no word on arrests or punishment of the mayor and his ilk for their crimes. Laws without an “or else” attached are meaningless. “Leadership” like this is one reason I don’t spend a nickel in Jackson if I can help it.
It is notable that US Attorney General William Barr on Monday ordered federal prosecutors across the country to identify coronavirus-related restrictions from state and local governments “that could be violating the constitutional rights and civil liberties of individual citizens,” and take action if needed. Well here it is, prosecutors. Now PROSECUTE.
Meanwhile, Jackson experienced the most homicides in city history in April, in spite of the state and city lockdown orders.
(Mississippi Code 97-9-75 – Resisting service of process. Any person who knowingly and willfully opposes or resists any officer or other authorized person in serving or attempting to serve or execute any legal writ or process, shall be guilty of a misdemeanor.)
More Litigation
The US Ninth Circuit Court of Appeals granted an emergency temporary stay on the injunction issued last Thursday in the case of Rhode v. Becerra. This means that the same restrictions that have been previously in effect regarding ammunition in California are back for the time being, pending further order from the court. Funny how the courts can intervene in off hours on a Friday night during a pandemic to restrict rights, but never ever to restore rights. Apparently it was an emergency that citizens would not have as many civil rights violated as the day before.
(Original report here.)
The US Fifth Circuit Court of Appeals decided nearly 20 years ago that a federal law prohibiting people subject to domestic violence protective orders from possessing guns or ammo was constitutional, and says there isn’t enough case law to change that conclusion, but some of the justices want the court to take the issue en banc to consider an entirely different framework for Second Amendment challenges.
http://www.ca5.uscourts.gov/opinions/pub/19/19-10197-CR0.pdf
SCOTUS has sent the NYSRPA v. New York City gun ban case back to the lower courts, ruling 6-3 in favor of the City that the challenge to the City’s restriction on the transport of guns is moot (no longer a live controversy) because the city changed the rule last year after the suit was filed. The Court didn’t rule on the merits of the case, but clearly erred in its action. Dissenters suggested that the Court could pull appellate courts in line with possible upcoming gun cases – see below.
The Supreme Court also has the following cases scheduled for the May 1, 2020 conference:
- Mance v. Barr (5th Circuit) – challenge to federal prohibition on out-of-state handgun purchases
- Pena v. Horan (9th Circuit) – challenge to California’s prohibition on “unsafe” handguns (including “microstamping” requirement)
- Gould v. Lipson (1st Circuit) – challenge to Massachusetts’s “may issue” conceal carry licensing regime
- Rogers v. Grewal (3rd Circuit) – challenge to New Jersey’s “may issue” conceal carry licensing regime
- Cheeseman v. Polillo (N.J. Supreme Court) – challenge to New Jersey’s “may issue” conceal carry licensing regime
- Ciolek v. New Jersey (N.J. Supreme Court ) – challenge to New Jersey’s “may issue” conceal carry licensing regime
- Worman v. Healey (1st Circuit) – challenge to Massachusetts ban on “assault weapons” and large-capacity magazines
- Malpasso v. Pallozzi (4th Circuit) – challenge to Maryland’s “may issue” conceal carry license regime
- Culp v. Raoul (7th Circuit) – Challenge to Illinois’s ban on allowing non-residents to apply for conceal carry license
- Wilson v. Cook County (7th Circuit) – Challenge to Cook County’s ban on “assault weapons” and large-capacity magazines
Another report on the government running away from a challenge to its unconstitutional gun control laws.
The Mississippi Wildlife Federation is suing the Mississippi Dept. of Wildlife, Fisheries and Parks and the Mississippi Fair Commission and others for violation of constitutional, contractual and property rights and for conspiring to take over its annual Mississippi Wildlife Extravaganza, as well as denying MWF access to state owned public space.
Virus
The Mississippi Legislature is scheduled to reconvene May 18.
The US Senate is scheduled to reconvene May 4.
The MS Attorney General has not posted any new opinions since January. I guess she’s non-essential.
Dangerous criminals still being released from prisons. Here’s an example. Load up.
US Senators Probe Whether Banks Denied Coronavirus Relief to Gun, Energy Businesses
Another banking scam
Proposed Mississippi Deer Hunting Rule Changes
Defensive gun training
Police trained in firearms use – are they experts? Nope.
Get off the “X?” Maybe not.
Safety
Night hunting accident. Y’all be careful.
What is it for? Front slide serrations.
10 Great Defense Loads
You don’t need to strain yourself. Just pick one. Make sure your gun likes it.
Products
Interesting holsters. Note the waist models only fit up to a 1.5″ belt.
Scope Jack scope leveling tool
Palmetto State Armory has a 36″ AR gun case & seven 30-round D&H AR magazines for just $110.
Brownells’ Premium Electronic Ear Muffs 2.0 are 40% off – just $25.
Medical/First Responder Specials
From April 27 to June 26, Vortex Optics is offering frontline medical personnel 40% off the price of up to two optics, up to two optics accessories, and up to five items of Vortex Wear apparel. They will also receive free shipping.
Walther has opened up VIP pricing to ALL First Responders, Hospital Personnel and Essential Workers until May 25, 2020. To qualify for this limited program, you only need to send in a copy of your credentials, along with the HEROES VIP Form.
Buck Knives has extended the industry partner discount program to men and women in the healthcare industry. This discount applies to doctors, nurses, CNA’s, technicians, technologists, health administrators, EMS, and support staff. The discount offers up to 50% off a full range of products. For full eligibility information, visit Buck Knives Healthcare Discount.
