A Few Lawsuits and Things
SCOPE sent an E mail reminding people about the SAFE Act. A sharp-eyed SCOPE member caught an issue:
The footnotes contained the statement: A shotgun is considered an “assault weapon” if …
It should have said: a semi-automatic shotgun is considered an assault weapon if…
Oops. My bad!
F Y I about this case: A Western District of New York federal court made a decision to stop the 7 round limit in a magazine but that did not cover all of NY State.
But when NY Attorney General Letitia James appealed it to the federal 2nd Circuit and lost, that extended the decision to ALL of NY State since the 2nd Circuit covers ALL of NYS.
A Circuit Court decision is binding precedent for lower federal district courts in that circuit; they are required to follow it.
Latetia James seems to appeal every negative gun decision but sometimes those appeals bring negative consequences - to her way of thinking.
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The Concealed Carry Improvement Act (CCIA) has generated so many lawsuits that it is difficult to keep track of them. Here’s an update on one of them.
The Christian v. James lawsuit challenges CCIA’s banning firearms on all publicly accessible private property without the express consent of the owner.
The Western District of NY delivered judgment against NY State, in January. Western District of New York is a part of the 2nd Circuit Appeals Court. As usual, New York’s Attorney General Letitia James appealed the decision to the 2nd Circuit because she uses bottomless taxpayers’ pockets to defend the indefensible though multiple layers of appeals.
So, the lawsuit sits waiting to be heard in front of the 2nd Circuit
Firearms Policy Coalition (FPC) filed its answering brief with the federal Court of Appeals for the Second Circuit. The brief cites the U.S. Supreme Court’s decision in Bruen: New York’s ban “…cannot be reconciled with the historic principles underlying the Second Amendment.”
And yes, we are talking about the same Western District and 2nd Circuit that were featured in the first section of this e mail.
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In 2021 the National School Boards Association (NSBA) sent a letter labeling parents as ‘domestic terrorists’ subject to the Patriot Act if they speak up about their kids’ education. Attorney General Merrick Garland responded by directing the FBI to get involved?
Local school board issues became a federal case? Speaking out at a school board meeting made one a domestic terrorist?
Was this just an oddity or a trend in the late and unlamented Biden administration? Judge by the below.
An anti-terrorism briefing was held at Fort Liberty (Formerly Fort Bragg) where they listed several anti-abortion (Pro-Life) organizations as “terrorist groups.” The organizations labeled as terror groups include National Right to Life and Operation Rescue. These organizations were listed as participating in terrorist activities included opposing Row v Wade, demonstrating and protesting, “Truth Displays,” and picketing. (Forget those pesky 1st Amendment protected rights.)
Whatever position you have on abortion, labelling anti-abortion groups as terrorist groups was government ‘lawfare’ against organizations of which it disapproves. So, labelling parents speaking out at school board meetings as terrorists was not an aberration in the Biden White House.
If they could have gotten away with this, do you doubt that 2nd Amendment defense organizations would have been next to be labelled terrorists.
