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
- The U.S. Department of Education has decided that, under the Bipartisan Safer Communities Act passed last year, school hunting and archery classes are precluded from receiving federal funding.
- Wells Fargo
Bad Ideas
- Is “effectiveness” of gun control laws a measure of Constitutionality? Maybe the Jews for the Preservation of Firearms Ownership should ask Führer Hitler that question.
The Only Ones
- Orange County, CA, Superior Court Judge Jeffrey Ferguson, 72, was arrested on suspicion of murder in connection with the shooting death of his wife at their home in Anaheim Hills.
- In other good news, an ATF agent was held up by a robbery crew in Chicago last week.
- Oakland, CA, police are advising citizens to use air horns to defend against home invasion type attacks. They are fools. Didja ever see a cop with an air horn on his duty belt? I didn’t think so.
DGUs
- Raleigh police say woman shot man in self-defense after road rage incident
- “A 75-year-old woman, turned the tables on the robbers by drawing her .357 Magnum.”
- Indiana woman fatally shoots man after he holds gun to her husband’s head
- Actual headline: “Black bear shot and killed by Montana man in living room after break-in“
- The Armed Citizen
- American’s 1st Freedom – August 4, 2023
- American Rifleman – August 4, 2023
- American Rifleman – August 7, 2023
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Longest sniper shots
Tactics & Stuff
- When can you use deadly force against an unarmed attacker? Probably in cases like this. (This is not legal advice.)
- AR15 ejection patterns
- AR-15 Maintenance and Gunsmithing, Part 1
- AR-15 Maintenance and Gunsmithing, Part 2
- Maintaining Ruger mini-rifles
- Cracking the social media 2A censorship code?
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.
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
You may recall that I said at the time the Bruen decision was golden and that we expected many other laws to fall in its wake.
https://www.2anews.net/2022/06/big-news-scotus-ruling-more-uvalde-enemies-liars-theology/
https://www.2anews.net/2022/07/scotus-litigation-legislation-enemies-research/