2A News (Second Amendment News)

Litigation, Enemies, Only Ones

Trumped

Litigation

  • “Where rights secured by the Constitution are involved, there can be no legislation or rule making which would abrogate them.” – U.S. Supreme Court, Miranda vs. Arizona
  • The US Second Circuit Court of Appeals has upheld Connecticut’s unconstitutional “assault weapon” ban.
  • Meanwhile, the Third Circuit Court of Appeals has fast tracked New Jersey’s “assault weapon” ban case with an en banc review. The full Third Circuit Court decided to take a consolidated group of lawsuits challenging New Jersey’s “assault weapon” and “large capacity” magazine bans en banc. The court did so sua sponte, meaning on its own accord, less than two months after a three-judge panel heard oral arguments in the case, and before the panel even issued an opinion. That means the full court’s eventual decision will be the first, and only, appellate opinion on the matter. The decision almost appears to be the reverse situation of the Fourth Circuit in Snope, perhaps giving us a good shot at a SCOTUS case based on the split between the Circuits.
  • US District Court Judge William E. Smith ruled in O’Neill v. Neronha that Rhode Island’s requirement to get a second “unlimited” permit – only issued at the sole discretion of the state attorney general – for open carry is permissible, calling open carry a privilege and saying the Second Amendment’s right to bear arms was satisfied by the regular concealed carry permit. 1. ANY government-issued permission slip to exercise a constitutional civil right is impermissible. 2. Is it OK for the government to allow public preaching only with a government permit issued at the sole discretion of one state official?
  • A US Fifth Circuit Court of Appeals panel sided with the DOJ in upholding a Louisiana man’s conviction for possessing an unregistered suppressor, assuming – but not deciding – that suppressors are “arms” and holding that the National Firearms Act’s taxation and registration scheme – which is now just a registration scheme – amounts to a “shall issue” licensing regime that’s presumptively allowed under the text and history of the Second Amendment. Basically some infringement is fine and there is no “shall not” in the Second Amendment.
  • The Second Amendment Foundation (SAF) and its partners have petitioned the US Supreme Court for review in the case Viramontes v. Cook County, a challenge to the Cook County, Ill., ban on so-called “assault weapons,” which has been on hold since the 2022 Bruen decision.
  • The NRA, Gun Owners’ Action League, Pioneer Valley Arms, three NRA members, and another individual have filed a federal lawsuit in US District Court challenging Massachusetts’s ban on “assault-style” firearms.
  • The NRA, joined by three individual members and 2nd Amendment Armory, has filed a federal lawsuit challenging Florida’s three-day waiting period on firearm purchases. The case, Dunn v. Glass, was filed in the US District Court for the Middle District of Florida.
  • In Tennessee Chancery Court, the question in the case Hughes v. Lee was whether Tennessee law prohibiting carry in parks and another ban on “going armed” in public places violated the Second Amendment, and do parks qualify as “sensitive places” (sic). The court ruled that the Going Armed Statute violates the Second Amendment to the US Constitution and therefore also violates Article I, Section 26 of the Tennessee Constitution, and that the Parks Statute violates the Second Amendment to the US Constitution and therefore also violates Article I, Section 26 of the Tennessee Constitution.
  • Grassroots judicial report.

Enemies

Stupid

The Only Ones

  • An NYPD detective was shot twice and wounded in his right hand and left leg by another unidentified officer(s) in a “friendly fire” incident while confronting a violent but unarmed repeat offender on parole trying to carjack an Uber on the Queens expressway last Friday.
  • A private security officer contracted through TNT Security Solutions and employed at Bowen Elementary School in the Bryan (TX) Independent School District was terminated earlier this month for leaving a gun unattended in a staff restroom, which reportedly posed no immediate threat to students or staff.

DGUs

Not a DGU

CCW statistics

Rangemaster

  • The Rangemaster September newsletter is out. We note that in Tom’s discussion of calipers he erroneously refers to them as micrometers. There is a difference.

Tactics & Stuff

Industry News

Products

A man holding a used gun with a tag says, "It's a rescue," to an unimpressed woman, while a dog sits nearby. Caption below reads: "Adopt a gun. Give it a second shot at life.
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“If you’re not armed and you’re defending children against someone who is, that’s not realistic.” – Jimmy Graham, Able Shepherd Program
 
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