"THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion and…Go to Peruta just went en banc
Story here. She’s not one of those who would blame the neighbor for shooting her son, who was the drug-demented attacker. "Mendez is now beginning a painful recovery. She’s also mourning the loss of a son she feels she truly…Go to Phoenix: mother saved by armed neighbor
From an article in the Idaho Statesman (which cites Clayton Cramer and John Lott). Between 1986 and the present days: States prohibiting concealed carry, with no licenses to do so available, shrank from 16 to 0. States allowing permits on…Go to Interesting trends in concealed carry laws
As a publicity ploy, "States United to Prevent Gun Violence" (an astroturf group created by Bloomberg) sets up a fake gun store in New York City, with seemingly real guns hanging on the walls. But not too long ago, New…Go to More hypocrisy….
Joshua Prince has an interesting post. The key is that the NFA says a "person" may register and pay taxes on an MG, and 18 U.S.C. §922(o) says a "person" may not possess a post-ban MG, but the two statutes…Go to Can a gun trust own a "post ban" MG?
Video of his testimony here….Go to Former head of MD pistol licensing explains his change of view
Story here. My friend Phil Murphy had a similar experience. He held a burglar at gunpoint until police arrived. The local media did interview him. He mentioned that he’d used an AR, and, strangely, the story never saw the light…Go to A self-defense case that, strangely, was not covered by the media
Plaintiffs sue Harrisburg, PA, in state court, over its gun restrictions (I assume on preemption grounds). Harrisburg files a removal to Federal District Court (I assume some Federal legal issue was involved, don’t know the details). But the removal motion…Go to Some red faces on the other side
It’s gotten to where even WashPo is criticizing them….Go to Washington Post: "Obama’s Odd Series of Exaggerated Gun Claims"
I didn’t have time to say anything when the ballot arrived, I was swamped with work and barely had time to fill out my own, and besides, everyone on the ballot seemed qualified. But thinking of my associates from Interior…Go to NRA Board elections
Decades ago, when I worked in Interior Department’s legal shop, the Solicitor’s Office, a good buddy was Rick Robbins, Assistant Solicitor for National Capitol Area Parks. They handled all legal issues for the Park Service in the DC area, things…Go to Blast from the past
It bans the American flag (apparently even from private display). And the student resolution doing so demonstrates how literacy and clear thinking are no longer requirements for getting into that college: "[F]lags construct paradigms of conformity and sets homogenized standards…Go to U Cal Irvine raises the bar on self-beclowning
Guided by comments to the previous post (thanks!) I find that BATF just posted online a notice that its removal of M855 ammo from the exemption for AP ammo is a mistake. Sounds like the decision was made to remove…Go to Pretty hilarious!
ATF is required to publish, and I believe annually update, a list of "published ordinances" relating to guns, for guidance of firearm dealers. In mid-February, ATF announced that it was seeking comments on its proposal to removed the "sporting purposes"…Go to Pretty astonishing….
The State Bar is offering three hours CLE credit to watch "In Search of the Second Amendment," followed by an hour discussion by your humble servant….Go to 2A CLE in Tucson
Over at Real Clear Policy, Robert VerBruggen has thoughts on the issue….Go to More on declaring "green tip" 5.56 as armor piercing
For $21,000 in attorney fees, plus such damages as may be proven at trial, in an action charging that the city’s gun ordinances violate the Pennsylvania preemption statute….Go to Default judgment entered against Harrisburg
Story here. This is the case that struck down the GCA ban on interstate handgun sales by licensed dealers. The government asked for a sixty-day stay so it could consider whether to appeal. We all know it’s going to appeal,…Go to Court denies stay in Mance v. Holder
It’ll be at the NRA annual meeting in Nashville, on April 10. And how often can you satisfy your CLE requirement while watching Massad Ayoob share the stage with Instapundit? I’ve read some of Massad’s advice to defense attorneys, and…Go to National Firearms Law Seminar
CalGuns Foundation link to the ruling is here. You can read the first few pages and know what the outcome will be. California seeks to ensure guns are safe, etc., etc., so only very safe guns are put on the…Go to District Court rejects challenge to CA "gun roster" law
Posted here. "One of the heroes of the Waco fights of the 1990s has passed away. Mike McNulty did more than any other single person to doggedly pursue the truth about Waco. And he produced or co-produced a number of…Go to Jim Bovard remembers Mike McNulty
The government’s "constructive possession claim didn’t get very far. The government had been contending that designating to whom the firearms could be transferred was "control," and hence exercising illegal "possession." Then before argument they conceded that Henderson could transfer them…Go to Supreme Court argument in Henderson
Charity Navigator just revoked their rating and put a "donor advisory" alert in its place. This comes in the wake of a $15 million payout to settle an extortion and bribery suit, and moving $26 million to offshore accounts….Go to HSUS loses charity rating
I just heard, know no details. Mike produced "Waco: The Rules of Engagement" and directed "The FLIR Project" and "Waco: A New Revelation." Back in ’93, he and I forced reopening of the Waco issue, which led to appointment of…Go to RIP Mike McNulty
Tuesday, Feb. 24, the Supreme Court will hear argument in Henderson v. United States, describing in this SCOTUSblog post. Henderson surrendered his firearms to the government, as one of his conditions of release. He was later convicted of a felony,…Go to Supreme Court argument approaching
By pure luck, I came across this, a provision allowing recovery of attorneys’ fees in forfeiture cases. It ought to be of great use in gun forfeiture cases at the Federal level. 28 USC §2465(b) provides: "(1) Except as provided…Go to Recovering attorneys’ fees in Federal forfeiture cases
M855 is the current military issue, and so comprises the "surplus" ammo market in 5.56 NATO. BATFE originally classed it as suitable for "sporting purposes" and thus exempt from the AP ban. It now proposes to reverse this and ban…Go to BATFE moves to ban SS109/M855 .223 ammo
It’s carried as the cover story….Go to California Lawyer magazine on Chuck Michel
Mance v. Holder, opinion in pdf. US District Court for the Northern District of Texas holds that the ban is unconstitutional on its face and as applied. A resident of Washington, DC (which now allows handgun in the home, if…Go to Ban on FFL handguns sales to nonresidents struck down!