DOJ and the Courts Say the NFA is a Tax…The Senate Parliamentarian Has No Choice But to Rule That Way, Too
At this point everyone following the National Firearms Act debate is well aware of then-Attorney General Cummings’ famous testimony in […]
Law and the Courts
Why is Minnesota Suing GLOCK When Prosecutors Release Suspects Arrested With Illegal Machine Guns and Conversion Devices?
An infinite number of laws on the books are worthless unless they are used to prosecute people with illegal machine guns and conversion devices instead of seeking to shift responsibility for these crimes onto gunmaker GLOCK, Inc.
Ninth Circuit’s California One-Gun-A-Month Ruling is a Shot Across the Bow of Washington and Oregon Civilian Disarmament Groups
Both Ceasefire Oregon and the Washington-based Alliance for Gun Responsibility have one-gun-per-month provisions in their legislative agendas.
Ninth Circuit Panel Unanimously Rules California’s One Gun a Month Purchase Limit is Unconstitutional
It’s been an interesting week for the Ninth Circus. First they slapped down a former Supreme Court Justice’s brother’s attempt
The Supreme Court’s Unanimous Mexico PLCAA Ruling Was a Gut Punch to the Cause of Gun Control Industry Lawfare
The court as a whole and the two concurrences hurtle pell-mell toward making it virtually impossible for plaintiffs like Mexico to successfully plead their claims.
Trump’s DOJ Argues Illinois’ Ban on ‘Assault Weapons’ is Unconstitutional Under the Second Amendment
Three years ago, SCOTUS ruled in New York State Rifle & Pistol Assn. v. Bruen that the Second Amendment is not a second-class right. Regrettably, not every state got the message.
New Jersey AG Still Fighting Against ‘Machineguns,’ Ignores Text, History and Tradition
How is this going to flesh out? We’ll have to see if the AGs are granted a sweeping nationwide injunction on the settlement. Or maybe this will all be a waste of taxpayer funds on another politically motivated frivolous lawsuit.
Mexico’s Attack on US Gun Makers May Have Failed, But Their Attack on Retailers and Distributor is Still Live
Mexico’s amorphous theory of liability is seriously in question after the Smith & Wesson decision. As was true in that case, Mexico’s allegations in the Arizona lawsuit likewise constitute a generalized complaint about how firearms are sold in the US.
With the Smith Ruling, SCOTUS Announced That the PLCAA Can’t be Evaded by Putting Lipstick on a Lawfare Pig
Going forward, courts and would-be plaintiffs should heed the Supreme Court’s admonition that “capacious” interpretations of the PLCAA’s exceptions – especially those that “swallow most of the rule” – will not fly.
Federal Judge Inadvertently Admitted Patrick ‘Tate’ Adamiak’s Inert RPGs Were Legal
For those fluent in federal firearm law, the judge’s comment, “did not possess all parts of destructive devices” is simply unbelievable. It damns the prosecution, their ATF “expert” and the judge herself.