In the judicial system I exist essentially in three worlds simultaneously. The vast majority of the time I serve as a lawyer and counsel. Occasionally, I provide advice for other attorneys on firearms laws and regulations to better assist their clients… and every so often, I get to serve as an expert witness. Frankly, the last...
Over the last week I have received a ton of emails and phone calls about HR 127. This is understandable, as the bill itself is an extraordinarily egregious abrogation of a slew of our Constitutional rights. I’ll use this space to go over some of the more “interesting” aspects of it but, in the end, I...
Cul-de-sac Commandos and Chipotle Warriors Oh what a week… In St. Louis a personal injury attorney and his wife became internet sensations by guarding their extremely nice home from protesters using an AR-15 and a .380 (interesting choice of weapons). Then, to raise the ante, we had an armed confrontation take place in a suburb of Detroit between...
Duncan v Becerra, Part Trois Last year Judge Benitez issued a stay on the implementation of Proposition 63 as it related to the confiscatory nature of the law related to standard capacity magazines. That decision, and the resulting opinion, was Duncan v Becerra, Part Un. Later he issued his summary judgment (Glorious Decision) that beatified him in...
Miller v. Becerra Last week we were notified about a case filed in San Diego District Court named Miller v. Becerra. The headlines from the gun advocacy groups read, “LAWSUIT CHALLENGES CALIFORNIA ASSAULT WEAPON LAW!!!” and “JUDGE BENITEZ TO HEAR CHALLENGE TO AR LAW!” YAY!!!! Well… it’s a good, meritorious lawsuit, but I doubt it will be the...
Judge Benitez issued a stay of his decision pending appeal by DOJ. This stay was somewhat unusually tailored to protect the thousands of individuals who relied on his decision and acquired LCMs over the last week.
A recent case that resulted in the education of when an assault weapon is actually considered a one.
Originally, I was going to write about President Trump’s nominee, Judge Brett Kavanaugh, to fill the vacated Supreme Court seat of Justice Kennedy. That will have to wait until next week. Today, we get to talk about the California DOJ and “assault weapons”… again. Specifically, what constitutes an “assault weapon,” and how does that definition...
The Collectivist “How can you not be for reasonable, common sense restrictions?” “Why does anyone need an AR-15?” “The NRA is a bunch of domestic terrorists!” “You right-wing Republican/Conservative a@#hole…you are the problem!” “My child’s right to live, outstrips your desire to play with dangerous toys.” These are some of the responses to postings that...
Dust Covers and Rules of Evidence Philip Brailsford (officer acquitted) Daniel Shaver (suspect) Last week we discussed Kate Steinly. One area that got specific attention from the blog was the decision by the judge to not allow the jury to hear about Zarate’s immigration status. This was based on a belief that the evidence was...
