2A News (Second Amendment News)

Lots More Litigation, Enemies, Rifle Fixes

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Litigation

Garland v. Vanderstok presented a challenge to the “Frame or Receiver” rule (called the “Ghost Gun” regulation in the liberal media). The district court vacated the rule, and the Fifth Circuit denied a stay against the district’s decision. The U.S. Solicitor General then petitioned for a stay of the lower-court ruling on the Supreme Court’s emergency docket. Associate Justice Alito entered a temporary administrative stay. When that time expired, Justice Alito extended the administrative stay for another four days, until Tuesday, August 8, when the Supreme Court stayed the lower court’s ruling by a 5-4 vote, with Chief Justice Roberts and Justice Barrett joining the liberal majority. The SCOTUS stay allows the rule to remain in effect while the case moves through the 5th Circuit Court of Appeals.

A three-judge panel of the U.S. 5th Circuit Court of Appeals threw out a federal law prohibiting unlawful drug users – when they are sober – from possessing guns, citing the Supreme Court’s Bruen decision. Under federal statute 18 U.S.C. § 922(g)(3), anyone who is an “unlawful user of or addicted to any controlled substance,” including marijuana, can be banned from possessing a gun and face up to 10 years in prison for violating the law. The decision only affects Texas, Louisiana, and Mississippi.

A man facing federal gun possession charges is seeking their dismissal based on his Second Amendment rights. Bad cases make bad law.

Senior U.S. District Judge Janet Bond Arterton of the District of Connecticut denied a motion for a preliminary injunction against the state of Connecticut’s ban on the possession and sale of so-called assault weapons and large-capacity magazines (LCMs) after she decided that AR-15s and similar rifles, as well as LCMs, are not protected by the Constitution.

A three-judge panel of the U.S. Ninth Circuit Court of Appeals ruled this week in the case Teter v. Lopez that a 30-year-old absolute ban on the manufacture, sale, transfer, transportation or possession of butterfly knives in Hawaii is unconstitutional under the U.S. Supreme Court’s Bruen standard for reviewing the legitimacy of gun and other weapons laws nationwide. The ruling overturned the district court’s determination that the ban was constitutional. The Ninth Circus – which covers most of the Western United States and roughly one-fifth of the national population – is not known for pro-rights rulings and I expect this one will go to an en banc hearing before that court.

Also in Hawaii, U.S. District Judge Leslie Kobayashi in Honolulu ruled this week that the state’s recently enacted ban on firearms on beaches and in other “sensitive” areas including banks, bars and parks is unconstitutional.

Chief U.S. District Judge Philip Brimmer of the District of Colorado has issued an injunction against Colorado’s new ban on gun sales for adults under the age of 21, saying that banning law-abiding young adults from buying firearms is likely unconstitutional since there is no Bruen-required “historical tradition” of gun laws of that type.

The Illinois state 5th Circuit Court of Appeals has finally reversed and remanded a lower court ruling in Illinois v. Brown, a case which could determine whether that state’s Firearm Owner’s Identification card requirement is constitutional. The Second Amendment Foundation notes (pdf link) this will be the third go-round for the case in White County Circuit Court, but it could ultimately end up before the Illinois State Supreme Court.

Sig speaks some more

Regulation

President Shotgun Joe Biden will tell ATF to create a new rule requiring anyone who makes any profit by selling firearms to possess an FFL, and to attempt to close the “digital loophole,” which includes marketplaces like Armslist Firearms Classified and GunBroker, where private individuals can list their firearms for legal sale.

NRA

The NRA’s New York lawsuit trial has been postponed until January.

Enemies

victims

Bad Ideas

The Only Ones

DGUs

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You’re On Your Own (YOYO)

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Longest sniper shots

snipers

Tactics & Stuff

Huntin’

Does anyone know of a free dove field in the central Mississippi area?

Industry News

Products

  • Streamlight’s new Wedge XT flashlight is an inch or so shorter than the original Wedge.
  • Holland & Holland (yes, that H&H) has a new O/U shotgun out, called the Noble. Only about $100k.

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2 thoughts on “Lots More Litigation, Enemies, Rifle Fixes”

  1. I look forward to the day that I will legally be able to travel to the places litigating constitutional issues mentioned in this issue, and the places that soon will be. Bruen is having more effect than I thought it would.

    HLB

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