Go Back   Professional Soldiers ® > At Ease > The Soapbox

Reply
 
Thread Tools Display Modes
Old 07-19-2022, 03:54   #1576
Badger52
Area Commander
 
Badger52's Avatar
 
Join Date: Jan 2011
Location: Western WI
Posts: 6,441
Quote:
Originally Posted by Paslode View Post
AG Schmitt has performed his job well for the state of Missouri, he has now set his sights on Roy Blunts US Senate seat. AG Schmitt is one in a field of twelve candidates the includes Eric Greitens and Marc McCloskey that is vying for Blunt's Senate seat.

https://themissouritimes.com/missour...y-blunts-seat/
I hope that he can stay where he is. This often happens unfortunately, and it seems he can actually serve the people of MO better as their AG than as just another DC writer of "strongly worded letters."

That letter was epic and should get "Distribution A" as we used to say.
__________________
"Civil Wars don't start when a few guys hunt down a specific bastard. Civil Wars start when many guys hunt down the nearest bastards."

The coin paid to enforce words on parchment is blood; tyrants will not be stopped with anything less dear. - QP Peregrino
Badger52 is offline   Reply With Quote
Old 07-19-2022, 21:19   #1577
GratefulCitizen
Area Commander
 
GratefulCitizen's Avatar
 
Join Date: Aug 2007
Location: Page/Lake Powell, Arizona
Posts: 3,245
Miller v. Bonta was decided over a year ago and the California assault weapons ban was struck down.
California appealed and managed to get a stay on the lower court’s ruling.

After the recent SCOTUS ruling, there was a motion to lift the stay.
California wants the stay to be kept in place, the ruling vacated, and have the case remanded back to the district court.

This is just an attempt to stall.
The district court ruled using the correct test.

Here is the response to California’s motion:
https://assets.nationbuilder.com/fir..._Lift_Stay.pdf
__________________
__________________
Waiting for the perfect moment is a fruitless endeavor.
Make a decision, and then make it the right one through your actions.
"Whoever watches the wind will not plant; whoever looks at the clouds will not reap." -Ecclesiastes 11:4 (NIV)
GratefulCitizen is offline   Reply With Quote
Old 07-20-2022, 04:03   #1578
Badger52
Area Commander
 
Badger52's Avatar
 
Join Date: Jan 2011
Location: Western WI
Posts: 6,441
Quote:
Originally Posted by GratefulCitizen View Post
Here is the response to California’s motion:
https://assets.nationbuilder.com/fir..._Lift_Stay.pdf
Nice, thanks.
__________________
"Civil Wars don't start when a few guys hunt down a specific bastard. Civil Wars start when many guys hunt down the nearest bastards."

The coin paid to enforce words on parchment is blood; tyrants will not be stopped with anything less dear. - QP Peregrino
Badger52 is offline   Reply With Quote
Old 07-24-2022, 08:04   #1579
pcfixer
Guerrilla
 
pcfixer's Avatar
 
Join Date: Jan 2013
Location: Maryland
Posts: 450
Quote:
Originally Posted by JJ_BPK View Post
I'm very interested in how the courts, states, & congress will accept SCOTUS's ruling on "bureaucratic over-reach" as it pertains to ATF's Monstrosity??

Congress has shirked its duties for too long. Letting, No Encouraging sub-level bureaucrat minions rule the nation with little fear of the results.

https://www.supremecourt.gov/opinion...-1530_n758.pdf
Like you post JJ. I think Bruen and WV vs EPA decision 20-1530 has not reached full potential in Legal review. https://www.supremecourt.gov/opinion...-1530_n758.pdf
ATF’s new rulemaking 2021r-05f must be sued for totally invalid.
This... Page 3 of text.....

"EPA explained that the Clean Power Plan, rather than setting the standard “based on the application of equipment and practices at the level of an individual facility,” had instead based it on “a shift in the energy generation mix at the grid
level,” id., at 32523. The Agency determined that the interpretive
question raised by the Clean Power Plan fell under the major questions
doctrine.
Under that doctrine, it determined, a clear statement is necessary for a court to conclude that Congress intended to delegate authority “of this breadth to regulate a fundamental sector of the economy.” Id., at 32529. ""It found none"". The Agency replaced the Clean Power Plan by promulgating a different Section 111(d) regulation, known as the Affordable Clean Energy (ACE) rule. Id., at 32532. In
that rule, EPA determined that the BSER would be akin to building
block one of the Clean Power Plan: a combination of equipment upgrades and operating practices that would improve facilities’ heat rates. Id., at 32522, 32537."

Sure it invalidates the EPA. This same standard of review "Major Questions doctrine" can be said and surely will for the ATF.
https://www.atf.gov/rules-and-regula...ceiver/summary

Surely this all falls under Supreme courts definition of "Text, History, Tradition"!

Last edited by pcfixer; 07-24-2022 at 08:06.
pcfixer is offline   Reply With Quote
Old 07-24-2022, 14:17   #1580
Badger52
Area Commander
 
Badger52's Avatar
 
Join Date: Jan 2011
Location: Western WI
Posts: 6,441
Quote:
Originally Posted by pcfixer View Post
Sure it invalidates the EPA. This same standard of review "Major Questions doctrine" can be said and surely will for the ATF.
It's why I smiled bigly when that EPA decision came down.
__________________
"Civil Wars don't start when a few guys hunt down a specific bastard. Civil Wars start when many guys hunt down the nearest bastards."

The coin paid to enforce words on parchment is blood; tyrants will not be stopped with anything less dear. - QP Peregrino
Badger52 is offline   Reply With Quote
Old 07-24-2022, 15:48   #1581
GratefulCitizen
Area Commander
 
GratefulCitizen's Avatar
 
Join Date: Aug 2007
Location: Page/Lake Powell, Arizona
Posts: 3,245
Dominoes are starting to fall from the Bruen decision.

https://storage.courtlistener.com/re...16528.18.0.pdf

From the TRO:

“The Court is sympathetic to the Town’s stated reasoning.
However, the Court is unaware of historical precedent that would permit a governmental entity to entirely ban a type of weapon that is commonly used by law-abiding citizens for lawful purposes, whether in an individual’s home or in public.”
__________________
__________________
Waiting for the perfect moment is a fruitless endeavor.
Make a decision, and then make it the right one through your actions.
"Whoever watches the wind will not plant; whoever looks at the clouds will not reap." -Ecclesiastes 11:4 (NIV)
GratefulCitizen is offline   Reply With Quote
Old 07-24-2022, 18:30   #1582
Badger52
Area Commander
 
Badger52's Avatar
 
Join Date: Jan 2011
Location: Western WI
Posts: 6,441
Quote:
Originally Posted by GratefulCitizen View Post
Dominoes are starting to fall from the Bruen decision.

https://storage.courtlistener.com/re...16528.18.0.pdf

From the TRO:

“The Court is sympathetic to the Town’s stated reasoning.
However, the Court is unaware of historical precedent that would permit a governmental entity to entirely ban a type of weapon that is commonly used by law-abiding citizens for lawful purposes, whether in an individual’s home or in public.”
Excellent. I especially enjoy the Judge's granting of the TRO based on their high likelihood of success at trial. It's a criteria normally seen and, in a lot of polite words, he shredded the city's position as "have some cheese with your whine."
__________________
"Civil Wars don't start when a few guys hunt down a specific bastard. Civil Wars start when many guys hunt down the nearest bastards."

The coin paid to enforce words on parchment is blood; tyrants will not be stopped with anything less dear. - QP Peregrino

Last edited by Badger52; 07-25-2022 at 03:30. Reason: correct a misspelling
Badger52 is offline   Reply With Quote
Old 07-25-2022, 00:55   #1583
pcfixer
Guerrilla
 
pcfixer's Avatar
 
Join Date: Jan 2013
Location: Maryland
Posts: 450
Quote:
Originally Posted by Badger52 View Post
Excellent. I especially enjoy the Judge's granting of the TRO based on their high likelihood of success at trial. It's a criteria normally seen and, in a lot of polite words, he shreded the city's position as "have some cheese with your whine."
:thumbsup and I ROFLOL
pcfixer is offline   Reply With Quote
Old 07-28-2022, 17:20   #1584
GratefulCitizen
Area Commander
 
GratefulCitizen's Avatar
 
Join Date: Aug 2007
Location: Page/Lake Powell, Arizona
Posts: 3,245
GOA and 17 states take on ATF.

https://www.scag.gov/media/r3dhdlmk/...27-to-file.pdf


It’s important to note that the 17 states didn’t merely file amicus briefs.
The 17 states are actually plaintiffs.
__________________
__________________
Waiting for the perfect moment is a fruitless endeavor.
Make a decision, and then make it the right one through your actions.
"Whoever watches the wind will not plant; whoever looks at the clouds will not reap." -Ecclesiastes 11:4 (NIV)

Last edited by GratefulCitizen; 07-28-2022 at 17:35.
GratefulCitizen is offline   Reply With Quote
Old 07-28-2022, 23:28   #1585
GratefulCitizen
Area Commander
 
GratefulCitizen's Avatar
 
Join Date: Aug 2007
Location: Page/Lake Powell, Arizona
Posts: 3,245
Rocky Mountain Gun Owners challenges Colorado magazine ban in federal court.

https://rmgo.org/wp-content/uploads/...bComplaint.pdf
__________________
__________________
Waiting for the perfect moment is a fruitless endeavor.
Make a decision, and then make it the right one through your actions.
"Whoever watches the wind will not plant; whoever looks at the clouds will not reap." -Ecclesiastes 11:4 (NIV)
GratefulCitizen is offline   Reply With Quote
Old 07-29-2022, 04:12   #1586
Badger52
Area Commander
 
Badger52's Avatar
 
Join Date: Jan 2011
Location: Western WI
Posts: 6,441
Quote:
Originally Posted by GratefulCitizen View Post
GOA and 17 states take on ATF.

https://www.scag.gov/media/r3dhdlmk/...27-to-file.pdf


It’s important to note that the 17 states didn’t merely file amicus briefs.
The 17 states are actually plaintiffs.
The barristers need to continue bringing their A-game. The jungle of jargon is formidable, and it's not a pretty jungle like on a TV vacation prize. Judges need mentoring.
__________________
"Civil Wars don't start when a few guys hunt down a specific bastard. Civil Wars start when many guys hunt down the nearest bastards."

The coin paid to enforce words on parchment is blood; tyrants will not be stopped with anything less dear. - QP Peregrino
Badger52 is offline   Reply With Quote
Old 07-30-2022, 08:59   #1587
pcfixer
Guerrilla
 
pcfixer's Avatar
 
Join Date: Jan 2013
Location: Maryland
Posts: 450


I'll will be interesting to know the Judges name on this!


Originally Posted by GratefulCitizen View Post
Dominoes are starting to fall from the Bruen decision.

https://storage.courtlistener.com/re...16528.18.0.pdf

Last edited by pcfixer; 07-30-2022 at 13:07.
pcfixer is offline   Reply With Quote
Old 07-30-2022, 17:32   #1588
bubba
Quiet Professional
 
bubba's Avatar
 
Join Date: Mar 2005
Location: sharq-el-ouset
Posts: 425
This is Pure Awesome

This is Pure AWESOME!

To see this in a law suit makes me happy….

“332. In other words, ATF has created an informal definition, within another informal definition, within a regulatory definition, within another regulatory definition, within a statutory definition, of a statutory term.

333. If that does not sum up the problems with this nation’s vast and unchecked administrative state, it is hard to see what would.”

God Bless the States that filed this!
__________________
“Use teamwork and control. A squad without teamwork and control is nothing more than a small mob with weapons. Success depends on a high level of teamwork and control within the squad.” — pg. 3-596 STP 7-11BCHM-SM-TG

When the Revolution goes “live”, the People I’m worried about, are NOT the People I worry about.

“Let’s go Brandon!”
bubba is offline   Reply With Quote
Old 08-02-2022, 20:15   #1589
GratefulCitizen
Area Commander
 
GratefulCitizen's Avatar
 
Join Date: Aug 2007
Location: Page/Lake Powell, Arizona
Posts: 3,245
Quote:
Originally Posted by GratefulCitizen View Post
Miller v. Bonta was decided over a year ago and the California assault weapons ban was struck down.
California appealed and managed to get a stay on the lower court’s ruling.

After the recent SCOTUS ruling, there was a motion to lift the stay.
California wants the stay to be kept in place, the ruling vacated, and have the case remanded back to the district court.

This is just an attempt to stall.
The district court ruled using the correct test.

Here is the response to California’s motion:
https://assets.nationbuilder.com/fir..._Lift_Stay.pdf

The 9th circuit is enabling California’s stalling tactics.
Hopefully plaintiffs will seek an injunction

https://assets.nationbuilder.com/fir...pdf?1659399440
__________________
__________________
Waiting for the perfect moment is a fruitless endeavor.
Make a decision, and then make it the right one through your actions.
"Whoever watches the wind will not plant; whoever looks at the clouds will not reap." -Ecclesiastes 11:4 (NIV)
GratefulCitizen is offline   Reply With Quote
Old 08-03-2022, 04:59   #1590
Badger52
Area Commander
 
Badger52's Avatar
 
Join Date: Jan 2011
Location: Western WI
Posts: 6,441
Quote:
Originally Posted by GratefulCitizen View Post
The 9th circuit is enabling California’s stalling tactics.
Hopefully plaintiffs will seek an injunction

https://assets.nationbuilder.com/fir...pdf?1659399440
Thanks for continuing to track this.
__________________
"Civil Wars don't start when a few guys hunt down a specific bastard. Civil Wars start when many guys hunt down the nearest bastards."

The coin paid to enforce words on parchment is blood; tyrants will not be stopped with anything less dear. - QP Peregrino
Badger52 is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 2 (0 members and 2 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off

Forum Jump



All times are GMT -6. The time now is 23:12.



Copyright 2004-2022 by Professional Soldiers ®
Site Designed, Maintained, & Hosted by Hilliker Technologies