Of Arms & the Law

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Opinion here. Now, the defendant was someone who ought to be behind bars, for a long time, and fn. 4 suggests that he will be behind bars for a time on state charges. Given that, I wonder why the federales brought charges, over what was the least of his offenses. Maybe looking for publicity?

The Fifth Circuit notes that, under Bruen, the test is text, history, and tradition, and the analogs the government advanced were either inappropriate (the Militia Act of 1662, which was part of the basis of the 1688 Declaration of Rights) or simply stretching things too
Continue Reading 5th Circuit overturns federal ban on possession by those subject to a DV restraining order

I received my ballot issue of TAR today, and these are my thoughts. Chime in with your own.

I personally am very impressed by Curtis Jenkins (just look at his bio for an idea of how committed he is to the cause), and Steven Schreiner (he’s committed as well, and holds the Silver Star and Bronze Star with “v”).

Others that do especially good service are Tom Arvas, Bill Carter, Charles Cotton, Walt Walter, Patrica Clark (in the competitions and shooting areas), and Amanda Suffecool sounds like she will be a useful addition.

As always, I’ll be voting for the
Continue Reading NRA directors' election 2023


SPRINGFIELD, Ill. – Everytown for Gun Safety and the Illinois chapter of Moms Demand Action, a part of Everytown for Gun Safety’s grassroots network, released the following statement regarding the temporary restraining order issued by a state court judge against the Protect Illinois Communities Act, a critical gun violence prevention legislative package signed into law by Governor J.B. Pritzker earlier this month.

“We strongly disagree with the court’s decision which focused on meritless claims of procedural defects in the passage of the law and included a gross misreading
Continue Reading So enjoyable to read….

Story here. The charges will involve involuntary (negligent rather than intentional) manslaughter. I wonder that they didn’t charge second degree murder, a killing that can include gross negligence: “if in performing the acts which cause the death he knows that such acts create a strong probability of death or great bodily harm to that individual or another.”
Continue Reading Alec Baldwin and armorer to be charged

Online here. As a guy who did admin law for ten years, I like it! It raises a novel point. It argues that, in the rule making process, notice and comment and final rule, ATF should be required to consider the Bruen standards. In most rule makings, nobody worries about constitutionality, but rule makings about firearms are arguably different. I know that when, eons ago, my friends at Interior promulgated a rule about protests on the White House sidewalk, the entire rule making centered on the First Amendment.
Continue Reading SAF brief on ATF's unfinished firearms rule making

Unsigned ruling here. Justices Alito and Thomas add their opinion:

“I understand the Court’s denial today to reflect respect for the Second Circuit’s procedures in managing its own docket, rather than expressing any view on the merits of the case. Applicants should not be deterred by today’s order from again seeking relief if the Second Circuit does not, within a reasonable time, provide an explanation for its stay order or expedite consideration of the appeal.”
Continue Reading NY challenge: Supreme Ct denies stay of stay

Mark Smith makes an interesting point, worth any 2A litigator’s memorizing.

One of the tests mentioned in Heller, which took it from Miller, is whether the firearm at issue is one that is in “common use.” (I disagree with this test, BTW. Miller just mentioned in passing that the early militia was expected to turn out with the firearms in common use at the time. That’s a statement of historical fact, not a legal test. As a test, it turns circular — if an arm is tightly restricted from its early history, it’ll never be in common use).

Continue Reading "in common use"