David Hardy

David Hardy Blogs

Blog Authors

Latest from David Hardy

Story here. The breach also included AW registries, dealer record of sales data (meaning all gun purchases), applications for carry permits, and other information.

I’ve seen a suggestion — if anyone did get the permit data, given that one required identifier is race, compare the percent for applications to the percent for granted. If there is a discrepancy, score a point about racial discrimination. If nothing else, that will show them there is a downside to allowing a leak/data breach.
Continue Reading California gun permit data breach, or leak, worse than reported

Orders list here. I see Assn of NJ Rifle & Pistol v. Bruck (magazine size), Young v. Hawaii (permit to carry), Bianchi v. Frosh (AW ban), and Duncan v. Bonta (magazine size).

This is common when the Supreme Court decides a case in a way that changes the legal standards while other cases are on appeal. Grant the petition, vacate the Circuit court ruling, and remand to them to do it over according to the new standards. Then see if anyone wants to take a second petition from that. Of course, the Circuit may then remand to the trial
Continue Reading Supreme Court vacates and remands remaining 2A cases

New York proposes to ban even licensed carry in any business that does not post a sign allowing it, plus requiring 15 hours of live-fire training on a range, and banning carry on ‘sensitive place’ including parks and public transit. Word is that the legislature is meeting today to vote on this.

California proposes to require three character witnesses and to expand “sensitive areas” where guns cannot be possessed, to include “medical facilities, public transit, public parks, playgrounds, public demonstrations and any place where alcohol is sold.” It’s a safe bet that the three references requirement will be expanded to
Continue Reading Antigun legislatures react to NYSRPA

Jones v. Hendrix. Petitioner was convicted of being a felon in possession 22 years ago, and took and lost a habeas petition to challenge that. Under legislation limiting habeas relief, he could only take a second petition for specified grounds, including a change in constitutional interpretation.

He brought a second habeas petition, after the Supreme Court ruled in 2019 that, in a felon in possession case, the government must prove that the defendant knew he possessed a gun, and also knew that he’d been convicted of a crime punishable by more than a year’s imprisonment. So is there some
Continue Reading Another pending case

Whitaker v. DC, that would indirectly pose the remaining issue, permit requirements of “good character” or its equivalent (here, whether he was “suitable” to be issued a permit). Indirectly, since petitioner had a DC carry permit, and it was revoked, then reinstated (posing a big question of mootness).

I suppose all the pending petitions on 2A issues will be GVRed, granted, vacated and remanded–in other words, since NYSRPA altered the playing field, let the circuits reconsider their opinions, apply the new standards, and if anyone has a complaint, file another petition for cert.

UPDATE: Yep, I’d expect the magazine-size
Continue Reading Another 2A case awaiting cert vote

The permit regimes of the repressive states (6-8 of them) keyed on two ambiguous requirements for a permit (1) “good cause” or a variant of that, and (2) “good moral character,” or a variant of that. NYSRPA knocked out (1). They will likely fall back on (2), arguing that “good moral character” means more than just passes a background check. Create as many new requirements as possible (furnish references, police interviews of references, reject for any possible reason, and certain delay, delay, delay).

It’d be wise to have good folks apply promptly for permits, and start setting up a challenge,
Continue Reading Future plans

He and Erin Murphy are founding their own firm. They had been with Kirkland & Ellis, a very big national firm, but K&E voted that it will “no longer represent clients with respect to matters involving the interpretation of the Second Amendment.” Some big clients, we may guess, sniffed at their 2A clientele.

I guess the firm has to keep up its standards.
Continue Reading Paul Clement wins SCOTUS case, leaves law firm

The Supreme Court always releases the most controversial opinions of each Term at its very end (usually the end of June, sometimes going a bit into July). The joke was that they want to release them then so they can get out of town before the mob forms. This year that’s no joke.

The Court has 13 opinions left to give. It’s been modifying its calendar (as usually happens) to add more argument release days. A few days ago, opinion releases were set for tomorrow, Thursday, and this coming Monday. As of this morning, the schedule is for opinion releases
Continue Reading Counting down to NYSRPA

Here’s the draft. Most of it concerns things like funding for mental health. One section expands “prohibited persons’ to include persons adjudicated of certain juvenile offenses.

Another section fiddles with the definition of “engaged in the business,” which defines who must get an FFL, and who is liable to prosecution if they don’t have one. The current definition dates from the 1986 Firearm Owners’ Protection Act, which eons ago I helped write. It defines engaged in the business as (going off memory) the repetitive acquisition and disposition of firearms, for the principal objective of livelihood a profit, as distinct
Continue Reading Senate gun bill

More on Hunter’s gun.

“It’s hard to believe that anyone is so stupid … so what’s my fault here Hallie that you speak of. Owning a gun that’s in a locked car hidden on another property,” Hunter Biden scolded Hallie in another text at 6:47 p.m. Oct. 23 before asking: “Do you want me dead.”

At that point, Hallie Biden attempted to defend her actions, telling Hunter that “I just want you safe. That was not safe” and adding that the car where she found the gun was “open unlocked and windows down and the kids search your car.”
Continue Reading Biden gun handling techniques

This comes from a year ago, but the person involved deserves to be remembered. John Hurley, of Arvada, Colorado, was a CCW holder. A mental case (who had proclaimed his intent to kill as many police as possible) murdered an officer, Hurley rushed to the scene, and killed the murderer. Other police arrived, assumed Hurley was the murderer, and fatally shot him.
Continue Reading Sad to read