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    1. kcbrown

      Hawaii butterfly knife ban violates Second Amendment

      If SCOTUS simply remands and doesn’t decide the case on the merits then the 9th Circuit will just sit on it again, and then decide it in the same way again. Lather rinse repeat until SCOTUS decides it on the merits. And the 9th Circuit will do that with every 2nd Amendment case it has. Think...
    2. kcbrown

      NSSF Wins Preliminary Injunction Against California Law Allowing Frivolous Lawsuits Against Gun Industry

      It was issued by a federal district judge. That means it’ll be overturned by the 9th Circuit, via en banc if necessary. Sent from my iPhone using Tapatalk
    3. kcbrown

      SAF sues Cali over sensitive places

      I don’t understand why California hasn’t requested en banc review of this action by the panel. Surely California could get the stay on the injunction reimposed that way? Sent from my iPhone using Tapatalk
    4. kcbrown

      Carralero vs Bonta : Cali anti bruen case : FED judge issues PI

      Oh yes we can. The composition on the 9th Circuit hasn't shifted to a pro-2A majority. All we can say is that there is some indication that the merits panel is composed of a pro-2A majority. But we know that the 9th Circuit as a whole is not. With respect to this panel order to lift the stay...
    5. kcbrown

      Carralero vs Bonta : Cali anti bruen case : FED judge issues PI

      The stay will, of course, be granted, even if the Duncan en banc panel has to get involved… Sent from my iPhone using Tapatalk
    6. kcbrown

      IL Legislature passes anti everything bill

      It doesn't matter how the Court sees it. I'm not talking about how SCOTUS views this, I'm talking about how it'll actually play out. How it actually plays out is, given SCOTUS' refusal to intervene, independent of how the Court currently sees it, because the Court's composition changes over...
    7. kcbrown

      SCOTUS involvement in Naperville IL firearm ban

      We will prevail only if the final circuit decision is rendered before the Supreme Court composition changes. I’m forced to give that very low odds. The 9th Circuit and how it has handled cases proves just how long a circuit court can retain a case before rendering its final decision. Game theory...
    8. kcbrown

      SCOTUS involvement in Naperville IL firearm ban

      Doesn’t matter. It’ll be a miracle if Trump wins, no matter who the Democrats have in play. Not because Trump wouldn’t win in an honest election but because there’s no way the election will be done honestly if it would lead to a Trump win. It’s not impossible, of course. Miracles do happen...
    9. kcbrown

      IL Legislature passes anti everything bill

      Their “credibility”? With who? The people who oppose the right to arms are concerned only with outcomes and thus credibility is irrelevant to them. The people who support the right to arms want the right to be treated with the same respect as the rest. By doing this (treating the right to arms...
    10. kcbrown

      SCOTUS involvement in Naperville IL firearm ban

      As expected, the Supreme Court denied review. So this is proceeding exactly as I expected. It will be several years before we see a final decision issued here, at which point SCOTUS will be composed of an anti-rights leftist majority. Once that shift takes place, the decision will issue with...
    11. kcbrown

      IL Legislature passes anti everything bill

      And there won’t be for many years, until we lose the majority at SCOTUS. Then a ruling will issue almost immediately and be upheld by SCOTUS. This also proves that SCOTUS is unconcerned with the “irreparable harm” that arises from infringements of the right to arms. If this had been a 1st...
    12. kcbrown

      SCOTUS involvement in Naperville IL firearm ban

      It won’t matter. The 4th circuit will hold briefings and then, after the interlocutory TRO/PI has been denied cert by the Supreme Court, sit on the decision. A decision can’t be appealed if it hasn’t been issued. Sent from my iPhone using Tapatalk
    13. kcbrown

      Duncan v Berrcerra

      Both of these are in the 9th Circuit so there won’t be a circuit split from this. Sent from my iPhone using Tapatalk
    14. kcbrown

      WA AWB Case

      Be that as it may, Bruen was a firearms case. This is a firearms case. So the argument that non-firearms laws are relevant to establishing the applicable National regulatory tradition for a firearms case, particularly this one, when Bruen's command (remember, it's in the holding) is explicit...
    15. kcbrown

      WA AWB Case

      Excellent. An additional argument that may be worth raising is this: The Supreme Court explicitly held that the government must demonstrate that the law in question "is consistent with the Nation's historical tradition of firearm regulation" (NYSRPA v Bruen, 142 S. Ct. 2111 at 2126). For a law...
    16. kcbrown

      WA AWB Case

      What, exactly, would constitute "adequately disputing the issue"? This is the text of the Plaintiffs' reply brief on the subject of Bowie knives: In what ways does it not adequately dispute the issue? Bear in mind that this is the defense argument (from the State's PI opposition brief) the...
    17. kcbrown

      WA AWB Case

      Did the plaintiffs have the opportunity to rebut the defense expert here? Each side gets to supply a brief and a reply brief at a minimum if I’m not mistaken, but what can the plaintiffs do if the defense has the last word and this critical piece of argumentation is supplied by the defense in...
    18. kcbrown

      WA AWB Case

      Did the Bowie knife regulations prohibit sale or ownership of Bowie knives or just carry of them in public? It matters, a lot. The AWB laws can’t legitimately be considered to be analogous to the Bowie knife laws if the latter cover only carry in public. The “dangerous and unusual” purpose...
    19. kcbrown

      Good and Bad News (RI Mag Ban Case)

      Yes. Firearms regulations. Regulations which affect firearms, their acquisition, their use, etc. More generally, regulations which the founding generation would have understood to fall under the ambit of the 2nd Amendment. This is the same as the argument that the trigger doesn't have 2A...
    20. kcbrown

      Good and Bad News (RI Mag Ban Case)

      I disagree, though I’m sure the courts are currently thinking that way. The first step should be to show that the law affects arms. Why? Because otherwise, every law could be written to address some component of an arm in such a way as to have the same effect as if it were addressing the arm...
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