Professional Soldiers ®

Professional Soldiers ® (http://www.professionalsoldiers.com/forums/index.php)
-   The Soapbox (http://www.professionalsoldiers.com/forums/forumdisplay.php?f=93)
-   -   Protecting the Second Amendment – Why all Americans Should Be Concerned (http://www.professionalsoldiers.com/forums/showthread.php?t=40772)

bblhead672 05-08-2023 15:47

Quote:

Originally Posted by GratefulCitizen (Post 677132)
The Illinois awb was enjoined, the injunction was stayed, an emergency appeal went to SCOTUS, and SCOTUS requested a response from Illinois.
The response looks like an attempt at burden-shifting.

https://www.supremecourt.gov/DocketP...r%20Filing.pdf

Respondents Kwame, Jane and Sarah for Illinois. :rolleyes:

Badger52 05-17-2023 03:45

NJ Carry Restrictions Get Spanked
 
An article covering this at The Captain's Journal, including embedded video.


Quote:

A new law limiting concealed carry of guns in New Jersey suffered another defeat in federal court Tuesday as a judge ordered state officials not to enforce its tight restrictions pending a flurry of legal challenges from gun rights advocates.

The ruling means New Jerseyans with proper permits are free to concealed-carry handguns at beaches, public parks, bars and restaurants — places from where Gov. Phil Murphy and his Democratic allies in the state Legislature sought to ban firearms in an effort to curb gun violence.

Badger52 05-25-2023 13:11

Rule by Executive Fiat
 
Not specifically to a gun case but important dikta from SCOTUS.

Another one, this time also with the EPA (shock, eh?) that is peeling back the notion that Exec Branch Fed agencies can lord over the People by fiat and whim. (West Virginia v. EPA was the previous good one.) Let's see if the black-robed Druids continue to apply this overreach doctrine to several other things that are coming before the Court.

FWIW, the EPA's notion, struck down, of "significant nexus allowed them to determine "waters of the United States" because they were near a ditch that fed into a creek, which fed into Priest Lake, a navigable, intrastate lake."

Full story here if you like.

:cool:

Box 05-26-2023 07:09

The law doesn't matter because liberals will just ignore it - because they already have a legion of compromised DA's that wont prosecute them for their crimes

The law doesn't matter because liberals will just pass laws at the local level that will allow them to exploit loop holes.

The law doesn't matter because they will just threaten intimidate, and coerce people into compliance through fear of being blamed for a riot.

...and the republicans in government will continue to do what they always do - nothing

Like General McAllister once told Detective Sergeant Murtaugh, "It's over; there's no heroes left in the world"

Badger52 05-26-2023 18:08

Quote:

Originally Posted by Box (Post 677215)
Like General McAllister once told Detective Sergeant Murtaugh, "It's over; there's no heroes left in the world"

McAllister was wrong, even if the plot premise was interesting.

GratefulCitizen 06-07-2023 09:59

3rd circuit opinion:
Non-violent felons retain 2nd Amendment rights.

https://www2.ca3.uscourts.gov/opinarch/212835pen.pdf

GratefulCitizen 06-19-2023 19:52

Second Amendment argument from an interested attorney.
“What part of ‘In common use’ don’t you understand?”

https://deliverypdf.ssrn.com/deliver...pdf&INDEX=TRUE

GratefulCitizen 07-01-2023 21:02

The wins keep stacking.
ATF final rule classifying 80% lowers as firearms struck down in summary judgement:

https://storage.courtlistener.com/re...6145.227.0.pdf

Badger52 07-02-2023 03:56

Quote:

Originally Posted by GratefulCitizen (Post 677402)
The wins keep stacking.
ATF final rule classifying 80% lowers as firearms struck down in summary judgement:

https://storage.courtlistener.com/re...6145.227.0.pdf

They seem to be on a roll of getting people to get rid of stuff for a time, knowing that the overreach is going to be struck down. But any peasant disarmed is a win for them.

mark46th 07-02-2023 08:38

To the demlibs, the process is the punishment if they have no legal grounds to stand on...

Stobey 07-24-2023 18:41

A new amendment being proposed to the NDAA
 
This article cites a new "amendment" being proposed to the current NDAA, by a lefty gun-grabber from Connecticut: U.S. Senator Chris Murphy (D). From the article:

"His long-standing track record in advocating for gun control is well-known. Throughout his career, he has sought to abolish the Second Amendment and bankrupt the lawful firearm industry, earning praises and pats on the back from his fellow gun grabbers, both inside and outside of Congress.

However, now he is targeting military gun owners, a move that seems ill advised given that, if it came down to it, the people he’s trying to disarm are the people he would be depending on to use weapons to keep him alive.

Sen. Murphy’s amendment to the annual National Defense Authorization Act (NDAA), the critical legislation that outlines expenditures for the Department of Defense (DOD) for fiscal year 2024, seeks to impose tighter restrictions on our servicemen and women. The NDAA attracts thousands of amendments every year, but most of them never make it to debate as they are deemed irrelevant or unrelated to defense matters.

From a distance, Murphy’s proposal appears harmless, merely asking the secretary of defense to establish baseline training standards for individuals carrying firearms on duty. These standards encompass marksmanship training, suicide awareness, and safe storage — all of which are already established norms across our armed forces.

Under closer inspection, however, Sen. Murphy’s proposal is obviously taking a hard left turn off the constitutional path. His plan mandates that individuals employed by the Pentagon undergo training before purchasing a firearm for private use. Additionally, anyone possessing a firearm on a military installation would be required to register it with the base commander, along with keeping the firearm locked at home and storing ammunition separately.
...
The core concern lies in the legislation’s attempt to dictate the storage of firearms, contradicting the principles upheld by the U.S. Supreme Court in its decision in D.C. v. Heller. Notably, the court ruled that Washington, D.C., couldn’t ban handguns and, germane to the Murphy amendment, couldn’t dictate how firearms are stored in one’s home.

However, there are broader issues at play. The proposed amendment goes so far as to mandate the registration of all privately owned firearms with base authorities, even those legally acquired off-base and never taken onto the military installation. :eek:
...
This should raise insuperable constitutional concerns, however. While a base commander holds authority to establish regulations within the confines of the base, their jurisdiction ends at the installation’s front gate.

Without putting too fine a point on it, Sen. Murphy’s proposal would create a national firearm registry, starting with the inclusion of all gun owners within the military, irrespective of whether they purchased the firearm on base or ever brought it onto the installation. This approach displays a disrespectful degree of federal overreach by leaving law-abiding gun owners subject to unnecessary bureaucratic scrutiny.
...
Murphy’s amendment would grant the secretary of defense the power to collect information on both military and civilian employees of the Department of Defense regarding their lawfully owned firearms or ammunition. The stated purpose is for “injury and mortality prevention,” but there’s no such exemption included in the Second Amendment’s explicit prohibition on the government’s authority to infringe on the people’s natural right to keep and bear arms.


https://thenewamerican.com/ndaa-amen...-the-pentagon/

Badger52 07-24-2023 19:56

Quote:

Originally Posted by Stobey (Post 677505)
Additionally, anyone possessing a firearm on a military installation would be required to register it with the base commander, along with keeping the firearm locked at home and storing ammunition separately.
...

However, there are broader issues at play. The proposed amendment goes so far as to mandate the registration of all privately owned firearms with base authorities, even those legally acquired off-base and never taken onto the military installation. :eek:
...

Depending upon how aggressively a particular Garrison CO (or the PMO or Dir DES) pursues it, this is already codified in Physical Security regulations. Some places will even mandate registration for firearms brought on base temporarily by civilians not stationed there just to use an MWR range. (When I was in & single, my stuff got stored in the arms room.) Murphy is a communist and I hope the additional words - any of them - are stripped out of the NDAA.

MR2 08-09-2023 12:28

I’m for gun control - DISARM THE GOVERNMENT! - CA

MR2 08-10-2023 07:37

Federal firearm prohibition against possession of firearms by drug users ruled unconstitutional by Federal Appeals Court, Fifth Circuit

Ruling link:
USA vs. Patrick Darnell Daniels, Jr.
https://storage.courtlistener.com/re...0916.137.1.pdf

h/t Guns n Gadgets Second Amendment News. https://youtu.be/1YkxpDibISk

MR2 08-10-2023 08:06

Ninety-One Page Opinion…
Expect an appeal to the Ninth Circuit…

BIG 2A WIN IN HAWAII: Obama-appointed Federal Judge Knocks Out Much of Hawaii’s “Gun Free Zone” ban.
The Four Boxes Diner | Properly Applied Guidance from the Bruen decision…

U.S. District Court Judge Leslie E. Kobayashi entered a temporary restraining order enjoining many aspects of Hawaii’s recently-enacted Government-mandated gun free zone (Sensitive Places) law.

https://www.youtube.com/watch?v=TfBcpiUm4kQ

bblhead672 08-10-2023 09:37

Courts keep upholding 2A based up Bruen. Biden admin just keeps issuing new infringements.

Badger52 08-11-2023 05:09

Quote:

Originally Posted by MR2 (Post 677611)
Federal firearm prohibition against possession of firearms by drug users ruled unconstitutional by Federal Appeals Court, Fifth Circuit

Ruling link:
USA vs. Patrick Darnell Daniels, Jr.
https://storage.courtlistener.com/re...0916.137.1.pdf

h/t Guns n Gadgets Second Amendment News. https://youtu.be/1YkxpDibISk

Attorneys for Hunter Biden, seen schmoozing over drinks with the Delaware US Attorney's office, were seen jumping for joy.

GratefulCitizen 09-17-2023 13:34

The ninth circuit sets a new standard for granting preliminary injunctions for 2nd Amendment cases:

https://cdn.ca9.uscourts.gov/datasto...7/23-15016.pdf

This will have a big impact because delaying tactics will be ineffective if gun control laws are enjoined during the appeals process.

Badger52 09-18-2023 04:46

Yessir, district court heads explode. The heart of the matter:
Quote:

...in cases involving a constitutional claim, a likelihood of success on the
merits usually establishes irreparable harm, and strongly tips the balance of equities and public interest in favor of granting a preliminary injunction.
Their repetitive pounding of the concept that denial of a constitutional right, however brief, constitutes irreparable harm is good. That the fight shouldn't have to be fought is obvious, but I remember when the 9th Circuit was "Do not pass Go. Proceed straight to Gulag."

Badger52 09-22-2023 18:59

CAUTION: Shrapnel from Kalifornia heads exploding
 
California's 'High Capacity' Magazine Ban Ruled Unconstitutional Under Bruen

Today, Judge Benitez has, as expected, struck down the ban as clearly unconstitutional.
Here's the link to the decision. I happen to enjoy the BLUF approach of the Court, which states what is happening, literally "up front."

Quote:

We begin at the end. California’s ban and mandatory dispossession of firearm magazines holding more than 10 rounds (California Penal Code § 32310(c) and (d)), as amended by Proposition 63, was preliminarily enjoined in 2017.1 That decision was affirmed on appeal.2 In 2019, summary judgment was granted in favor of Plaintiffs and § 32310 in its entirety was judged to be unconstitutional.3


Initially, that decision was also affirmed on appeal.4 However, the decision was re-heard and reversed by the court of appeals en banc.5 In 2022, the United States Supreme Court granted certiorari, vacated the appellate en banc decision, and remanded the case.6 The court of appeals, in turn, remanded the case to this Court “for further proceedings consistent with New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022).”7 All relevant findings of fact and conclusions of law set forth in the prior decision concluding § 32310 is unconstitutional are incorporated herein.
This is not the first time Justice Benitez has done liberty proud. So hand salute, and 3-fingers of something of his choosing.
:lifter

Paslode 09-23-2023 17:01

Quote:

Originally Posted by Badger52 (Post 677842)
California's 'High Capacity' Magazine Ban Ruled Unconstitutional Under Bruen

Today, Judge Benitez has, as expected, struck down the ban as clearly unconstitutional.
Here's the link to the decision. I happen to enjoy the BLUF approach of the Court, which states what is happening, literally "up front."



This is not the first time Justice Benitez has done liberty proud. So hand salute, and 3-fingers of something of his choosing.
:lifter

Now we'll get to see how Kali's new 11% Tax on guns and ammo holds up in court. It doesn't do into effect until July 1.2024 which is perfectly timed as the 2024 election will be getting hot and will give Newsome some talking points while he is on the campaign trail.

https://www.zerohedge.com/political/...-tax-guns-ammo

GratefulCitizen 09-24-2023 11:02

Quote:

Originally Posted by Paslode (Post 677846)
Now we'll get to see how Kali's new 11% Tax on guns and ammo holds up in court. It doesn't do into effect until July 1.2024 which is perfectly timed as the 2024 election will be getting hot and will give Newsome some talking points while he is on the campaign trail.

https://www.zerohedge.com/political/...-tax-guns-ammo

This could be a good opportunity to test Murdock v. Pennsylvania for the 2nd Amendment.
A win would lay the groundwork for eliminating the NFA.

Badger52 09-24-2023 15:05

Quote:

Originally Posted by GratefulCitizen (Post 677850)
This could be a good opportunity to test Murdock v. Pennsylvania for the 2nd Amendment.
A win would lay the groundwork for eliminating the NFA.

+1 Also, I remember that 11% as being the number in Germany for their Mehrwertsteuer. How appropriate.

Box 09-26-2023 09:28

I just think its hilarious that some of you folks actually think "law" has any thing whatsoever to do with this.

...or that the left has any intention of following a "law" that increases the amount of freedoms and liberties (aka privileges) bestowed upon those peasants subject to the decrees of King Brandon

Paslode 09-26-2023 14:05

Quote:

Originally Posted by Box (Post 677865)
I just think its hilarious that some of you folks actually think "law" has any thing whatsoever to do with this.

...or that the left has any intention of following a "law" that increases the amount of freedoms and liberties (aka privileges) bestowed upon those peasants subject to the decrees of King Brandon

My mother has always said that with each new law you lose a little bit more freedom.

Badger52 09-26-2023 17:43

Quote:

Originally Posted by Paslode (Post 677869)
My mother has always said that with each new law you lose a little bit more freedom.

I like Heinlein's method:
Bi-cameral legislature. One body requires 2/3 to pass ANYthing. If it can't get that support, it's not needed. Second body is to review the first. If even 1/3 don't like the law, it's shit-canned forthwith.

GratefulCitizen 10-08-2023 13:43

ATF enjoined from enforcing machine gun laws against FRTs.
For now, FRTs are legal, and will likely remain legal unless Congress intervenes.

https://cdn0.thetruthaboutguns.com/w...80076.53.0.pdf

Box 10-10-2023 08:56

Just to keep everything in perspective - the "Gun Control Act of 1986" was not signed by a democrat.
The gun ban in the 90's could NOT have passed without signification republican participation.
The "re-imagining" of gun laws by the ATF from 2016 through 2020 did NOT happen without tacit support of the republican party.
This last little bit a bullshit "anti-crime" legislation couldn't have gotten through without signification republican support.

Unconstitutional gun control and the deteriorating civil liberties is one of the only bipartisan efforts we have in government.
Just like the war mongering democrats love to blame endless wars on the right, gun snatching republicans go to great lengths to blame all gun control on the right.

The 2d amendment to the bill of government approved privileges is cute but I believe it was the 46th POTUS that once said...

No rights are absolute.






But dont worry - eventually Bill Clinton'S wife will have all of you gun nuts rounded up and thrown in the same re-education camps as those deplorable Trump supporters.


Lets finish the job - reelect Brandon in 2028.

JimP 10-11-2023 04:13

"But dont worry - eventually Bill Clinton'S wife will have all of you gun nuts rounded up and thrown in the same re-education camps as those deplorable Trump supporters."


Yeah....not so much. Here's one gun nut that's not going to get on that train. I have a gun. They don't want me to have that gun. I refuse to give up my gun. Their move......

Phuc, they wanted to put us in camps for refusing an experimental "vaccine." This isn't too much of a jump. I'm perfectly OK going out defending the Constitution rather than dying in some nursing home and being used for "old people fights for the last of the Tapioca" on Thursday nights.

In fact, I'd MUCH rather go out that way.

GratefulCitizen 10-11-2023 09:01

Quote:

Originally Posted by JimP (Post 677959)
"But dont worry - eventually Bill Clinton'S wife will have all of you gun nuts rounded up and thrown in the same re-education camps as those deplorable Trump supporters."


Yeah....not so much. Here's one gun nut that's not going to get on that train. I have a gun. They don't want me to have that gun. I refuse to give up my gun. Their move......

Phuc, they wanted to put us in camps for refusing an experimental "vaccine." This isn't too much of a jump. I'm perfectly OK going out defending the Constitution rather than dying in some nursing home and being used for "old people fights for the last of the Tapioca" on Thursday nights.

In fact, I'd MUCH rather go out that way.

Don’t piss off old people.
The older we get, the less life in prison is a deterrent.

Speaking nursing homes…
https://babylonbee.com/news/elderly-...g-the-populace

bblhead672 10-11-2023 09:26

Quote:

Originally Posted by Box (Post 677953)
Just to keep everything in perspective - the "Gun Control Act of 1986" was not signed by a democrat.

And it was endorsed by the NRA....Negotiated Rights Away.

Badger52 10-20-2023 04:16

Judge Benitez Strikes Again
 
LINK HERE to the District Court Decision telling CA that their AR-15 ban is unconstitutional, although it gives the Kali Regime ten days to appeal.

Interesting read and Judge Benitez tends to use quite a bit of normal people language in his decisions.
:cool:

Box 10-20-2023 06:29

Just a show of hands...

How many people think that the left gives two shits about a legal ruling that says their policies and legislation is unconstitutional?

The democratic peoples republic still lets you have an AR-15
it just has to have the bayonet lug removed
no barrel threads
no pistol grip
a stock that looks like it was made with a taffy puller
a magazine button
a magic bolt that micro-stamps a brief bio about your family history on the bottom of every shell casing fired from the gun
special taggants in the gun powder that identify the pronouns of everyone in the guns chain of custody
special administrative measures to make sure only the best citizens are purchasing firearms
special adherence to "common sense gun laws"
...for the children


hahahaha
"constitutional"
stop it - your words are tickling me






"The Second Amendment is not absolute"
- Joseph Robinette Biden

Badger52 10-31-2023 09:37

Stay against ATF Brace "rule" goes indefinite
 
BLUF: US District Court had, multiple times, extended the stay against the ATF's rule on pistol braces. Each one had a sunset in the form of a drop-dead date for the ATF to respond. They haven't so now he's extended it pending full resolution, or a higher overarching ruling.

Link for reference.
:rolleyes:

Quote:

The preliminary injunction issued Friday by Judge Tipton means the ATF cannot enforce the pistol brace rule against members of Gun Owners of America.
GOA are a party/plaintiff in the original lawsuit.

Box 10-31-2023 09:50

Quote:

The preliminary injunction issued Friday by Judge Tipton means the ATF cannot enforce the pistol brace rule against members of Gun Owners of America.

Great News !!!

But for the rest of American citizens that aren't members of the GOA or those that didn't join GOA until after GOA filed the law suit...
...you are cordially invited to continue eating your peas until your second amendment privileges have been re-granted since the judge thinks "the pistol-brace ban is likely unconstitutional"

Badger52 10-31-2023 14:23

Quote:

Originally Posted by Box (Post 678073)
Great News !!!

But for the rest of American citizens that aren't members of the GOA or those that didn't join GOA until after GOA filed the law suit...
...you are cordially invited to continue eating your peas until your second amendment privileges have been re-granted since the judge thinks "the pistol-brace ban is likely unconstitutional"

No dispute, just baby steps. I hope the Dems keep investigating SCOTUS for those fishing trips and sleep-overs; that should soften their hearts.

Badger52 11-03-2023 18:02

A couple of recent SCOTUS things
 
They granted cert to hear the Garland v. Cargill bumpstock petition.

There's also an amicus brief from the NRA added to their current petition to be heard by SCOTUS, over NY Dept of Fin Services coercing people not to do business with the NRA, as a 1st Amendment issue. (Think entities continuing on with the great idea of Opn CHOKE POINT.) They're granting only as to the first petition question. Here's the intro to the petition:

Quote:

QUESTIONS PRESENTED

Bantam Books v. Sullivan held that a state com-
mission with no formal regulatory power violated the
First Amendment when it “deliberately set out to
achieve the suppression of publications” through “in-
formal sanctions,” including the “threat of invoking le-
gal sanctions and other means of coercion, persuasion,
and intimidation.” 372 U.S. 58, 66-67 (1963). Respond-
ent here, wielding enormous regulatory power as the
head of New York’s Department of Financial Services
(“DFS”), applied similar pressure tactics—including
backchannel threats, ominous guidance letters, and se-
lective enforcement of regulatory infractions—to in-
duce banks and insurance companies to avoid doing
business with Petitioner, a gun rights advocacy group.
App. 199-200 ¶ 21. Respondent targeted Petitioner
explicitly based on its Second Amendment advocacy,
which DFS’s official regulatory guidance deemed a
“reputational risk” to any financial institution serving
the NRA. Id. at 199, n.16. The Second Circuit held such
conduct permissible as a matter of law, reasoning that
“this age of enhanced corporate social responsibility”
justifies regulatory concern about “general backlash”
against a customer’s political speech. Id. at 29-30. Ac-
cordingly, the questions presented are:

1. Does the First Amendment allow a govern-
ment regulator to threaten regulated entities with
adverse regulatory actions if they do business with a
controversial speaker, as a consequence of (a) the
government’s own hostility to the speaker’s viewpoint
or (b) a perceived “general backlash” against the
speaker’s advocacy?

2. Does such coercion violate a clearly estab-
lished First Amendment right?
Now go eat your peas. :munchin

Badger52 11-09-2023 10:57

Pistol Brace Rule gets stayed beyond plaintiffs
 
LINK here, including text of the decision.The stay appears to not just apply to GOA members & other original plaintiffs. Judge Kacsmaryk strings words together pretty good.

bblhead672 11-10-2023 08:26

Quote:

Originally Posted by Badger52 (Post 678114)
LINK here, including text of the decision.The stay appears to not just apply to GOA members & other original plaintiffs. Judge Kacsmaryk strings words together pretty good.

Judge should rule that the ATF is un-Constitutional and order it dissolved.

Yes, I live on Fantasy Island. Look the plane! :D

GratefulCitizen 11-13-2023 14:57

ATF can’t redefine terms to effectively legislate as an executive branch agency.
Here’s the smack down from the 5th Circuit:

https://www.ca5.uscourts.gov/opinion...-10718-CV0.pdf


All times are GMT -6. The time now is 10:08.


Copyright 2004-2022 by Professional Soldiers ®