Recent content by legaleagle_45

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    Florida Supreme Court strikes AWB initiative

    Story here: https://www.tampabay.com/florida-politics/buzz/2020/06/04/assault-weapons-ban-in-florida-quashed-by-state-supreme-court/
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    Scotus passes on gun cases again.

    The action of granting or denying cert usually happens on Monday. That is the case now— this action was merely a relist of a couple of new cases, not a decision on cert.
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    Scotus passes on gun cases again.

    You might wish to see who are the attorneys on those cases as a means of determining which cases are granted certiorari. For example, attorney for petitioner in Pena v Horan is Alan Gura. Malpasso is represented by Clement There are some other top 2nd Amend guns on some of the others as well—...
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    Latest ruling from D.C.

    Beat me by 10 minutes, LOL
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    Latest ruling from D.C.

    District Court enjoins DC CCW law May issue provisions which required a showing of "good reason" too restrictive. http://apps.washingtonpost.com/g/documents/local/judges-opinion-in-dc-gun-case/1996/
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    Teixeira, et al v. County of Alameda

    Good decision out of the 9th Circuit today. Alameda zoning ordinance which prohibited gun shops within 500 feet of residential areas subject to heightened scrutiny under the 2nd Amend. Strict scrutiny would apply if the impact of the statute were to effectively bar any new gun shops...
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    Win in SCOTUS today..

    CAETANO v. MASSACHUSETTS Per Curiam order reversing and remanding the case back to the Massachusetts Supreme Court to determine if a stun gun is an arm protected by the 2nd amendment. The case begins on page 15 of this document...
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    2nd amendment class action lawsuit

    Suit against Lynch and the ATF claiming the prohibition against gun ownership for non violent felons is unconstitutional Sigh--- sometimes 2nd Amendment advocates are their own worst enemy IMHO this case will be thrown out before it gets too far. An "as applied challenge" as it pertains...
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    NICS Appeals backlog

    Consider for one moment the demand for an end to the so-called "Charleston loophole" as advocated by some unnamed politicians running for high office. If you recall, the FBI claims that the background check on the shooter, Dylann Roof was a "no action" approval as they could not track down...
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    HELP: grad paper dealing with lethal self defense

    If this is PhD type stuff... You might wish to review this for some ideas... http://davekopel.org/2A/LawRev/The-Human-Right-of-Self-Defense.pdf Then review the works cited therein, most of which are available on the internet, including Hobbes Leviathan and Locke's 2nd Treatise.
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    Article: Judge Richard Posner for SCOTUS?

    Judge Posner would vote to overturn Heller if he was on the Supreme Court. He was a leading critic of the decision when it came out in 2008, calling it judicial activism at its worst in an article published in the New Republic. The fact that he upheld Heller in Moore v Madigan only means he...
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    Alan Gura Says Democrat Nominated Replacement for Scalia Will End Heller

    If they apply the "Biden Rules", the confirmation process would be delayed until after the election. It the Democrats win the presidency and the senate (a definite possibility), it is not inconceivable that the current Republican Senate would confirm a centrist judge nominated by Obama prior...
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    Here's Comes The New Firearm Legislation 2015 Version

    When politicians use the phrase "No Fly List", it is merely a soundbite for public consumption. The No Fly List contains about 50,000 names. What they are really talking about is the the Combined Terrorist Watchlist which contains 1.2 million names and includes all of those on the No Fly List...
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    WAS D.C. v HELLER A BAD DECISION?

    There is a much more salient example directly on point, but you must know some legal limitations of a militia. At common law, a militia could not be deployed outside of the country. This first caused problems during the War of 1812, when some governors refused to allow their militias to be...
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    WAS D.C. v HELLER A BAD DECISION?

    The actual statement from Burger was given on the MacNeil/Lehrer NewsHour on December 16, 1991. It was a follow up on an article he wrote for Parade Magazine on Jan 14, 1990. The full Parade Magazine article can be seen here: http://guncite.com/burger.html Some choice excerpts that...
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