Of Arms & the Law

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Order here, in Aposhian v. Barr. This might be Supreme Court material, not as to 2A issues, but as to “Chevron deference,” the degree to which a court should defer to an agency’s interpretation of the statutes it enforces. Justice Gorsuch has taken particular difference with the idea of such deference. This might be a prime case, since ATF initially ruled that such stocks (at least those not using springs) were not NFA arms, then reversed that and ruled that they were. Why is the second position less worthy of deference than the first? Should court turn a 180…
Press release and link to complaint here. On a quick read: 1) Venue is in NY since Everytown is located there? Federal venue, proper location of a suit, generally keys upon location of the defendant, not the plaintiff. 2) They tend to confute the definition of a firearm (which includes firearms that may readily be converted to fire a cartridge) with receiver (which has no such inclusion). The readily converted language is there because in 1968, some juveniles were making guns by converting starter pistols to fire .22s. 3) They don’t to be able to define, any better than…
In the spirit of social responsibility, I would encourage everyone to ask “will this make the world a better place” before pulling the trigger. In the case of these shootings, the answer seems to be “yes.” It seems to me that these mobs represent a spontaneous movement of society’s psychopaths, now discovering that the authorities will ignore them (or, as here, protect them) and the media praise or at least cover for them.…
A summary here. Present law provides that if a background check is delayed more than three days, the FFL can (but doesn’t have to) make the transfer. This bill would remove that provision; no transfer until the background check comes back. I think the present rule (1) accords with the reality that the vast majority of background checks (99+% as I recall) come back with “proceed with the sale” and most of the remainder prove to be mistakes or involving ancient offenses; (2) give the government an incentive to process them at least moderately quickly, whereas if there was…
An article by my friend Dan Gifford. I have somewhere in my files records of Wyatt Earp and Johnny Behan being hailed into court in Prescott, Arizona Territory, for assault with a deadly weapon. They were separate incidents, not a fight between them.…