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 order is a laudable policy goal. The question is whether 18 U.S.C. § 922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution. In the light of N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022), it is not.” The decision follows the long judicial practice in the United States. Fundamental constitutionally protected rights may not be removed without a criminal conviction in a court of law. Restraining orders are frequently granted based solely on an unproved accusation, with no due process, no defense, and no real evidence, much less a conviction.
In an unrelated case, Judge David Counts of the United States District Court for the Western District of Texas, Pecos Division (also in the Fifth Circuit), found the part of the controversial 1996 federal Lautenberg Amendment which prohibits a person who is under a restraining order for domestic violence from possessing a firearm or ammunition – 18 U.S.C. §922(g)(8) – to be unconstitutional on Second Amendment grounds.
More on that issue here.
U.S. District Judge Patrick Wyrick in Oklahoma City last week dismissed an indictment (pdf link) against a man charged in August with violating the federal law prohibiting marijuana users from possessing firearms, saying it infringed his right to bear arms under the U.S. Constitution’s Second Amendment.
An Interesting Challenge to the Pistol-Brace Ruling
We have a report that ATF is already sending undercover agents to check stores’ compliance with the new pistol brace ban. Beware.
Bill of Rights teacher in Iowa bans Second Amendment T-shirts, gets sued by student who knows more than he does.
- Second Amendment Armor. Interesting. And true.
Conservative U.S. Congressmen have been spotted on Capitol Hill sporting AR rifle-shaped lapel pins, triggering meltdowns in their colleagues on the left who have severe cases of hoplophobia. One can only wonder if they would simply die if a person wore a rifle, pin, a Bible pin, and an apple pie pin all at the same time. Let’s try that, shall we?
And while we’re at it, those same people who say walls are ineffective and racist have erected a fence around the U.S. Capitol to keep the deplorables out.
The U.S. is now home to 11 of the top 50 most dangerous cities in the world. All 11 are governed by Democratic mayors and have Democratic district attorneys.
NRA, the BILLION dollar boondoggle
LaPierre plays dumb. He’s good at that.
The Feds. They knew it wasn’t legal. And of course a specific tax on the exercise of a constitutional right isn’t legal either.
We have a report that the FBI’s new headquarters will be more than twice the size of the Pentagon, and possibly larger than the Kremlin (66 acres). The question is, why?
The FBI’s Richmond field office released an internal memo last month warning against “radical traditionalist Catholic ideology,” just like the Southern Poverty Law Center hate group told them to do.
Newsweek magazine just floated the idea of gun bans for senior citizens based on age. Well, molon labe – bullets first, morons.
Actual Headline: “LA Supervisors Push .50 Cal. Rifle Ban After 9mm Pistol Used In Shooting.”
YouTube crawfishes on suppressors.
We have a report that in recent weeks folks have received different mailings with the subject line “Major NRA donor to challenge gun group’s bankruptcy over alleged fraud,” which may contain a suspicious link to a PDF or a Zip file. Beware.
The Armed Citizen
DGU at a dog park. I was just a bit surprised that the perpetrator was a human instead of a dog. We note that in lots of jurisdictions, parks are “gun free” zones.
- Basic First Aid Skills to Know
- Officer Down. Don’t shoot until you think he’s dead; shoot until he thinks he’s dead.
- Buckshot patterns
See first aid, above.
Federal Premium has again won the Gold Award for “Best Shotshell” from Predator Xtreme magazine. Since introducing the “Best Shotshell” category in 2015, Federal has won the award five times. The weird thing is that Federal has no shotshells marketed for predator hunting.
The January 2023 NSSF-adjusted National Instant Criminal Background Check System (NICS) figure of 1,268,236 is an increase of 6.5% compared to the January 2022 NSSF-adjusted NICS figure of 1,190,856. January 2023 marks the 42nd month in a row that has exceeded 1 million adjusted background checks in a single month. While the adjusted NICS data is not a direct correlation to actual gun sales, it is the best effort at an approximation.
National Parks React to Crowding
Stephen Hunter’s new Earl Swagger book is out.
Mag loaders. Cool.
Winchester’s new E-Tech shotshell uses BioAmmo’s one-piece 4-petal shot wads made from biopolymers that are certified as home compostable. Over time these plant-based wads will degrade into natural elements. Available in 12 gauge #7.5 lead or #6 steel shot.
It’s the Bill of Rights, not the Bill of Needs.
“To expect evil men not to do wrong is madness!” – Marcus Aurelius
“To expect government officials not to be evil is overly optimistic.” – me