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Cases being tracked

Please let me know if there are any other cases you think I should be tracking. I have made this article a feedback article, allowing anyone to provide feedback.

Oregon Firearms Federation, Inc. v. Brown

D. Oregon

May 26, 2023, 5:24 p.m.

 

Lance Boland v. Robert Bonta

C.D. California

May 26, 2023, 2:39 p.m.

United States v. Ervin

M.D. Florida

May 26, 2023, 9:24 a.m.

United States v. Ervin

M.D. Florida

May 26, 2023, 9:24 a.m.

Ronald Koons v. Attorney General New Jersey

Third Circuit

May 26, 2023, 6:30 a.m.

Fraser v. Bureau of Alcohol, Tobacco, Firearms and Explosives

E.D. Virginia

May 25, 2023, 3:31 p.m.

Lana Renna v. Rob Bonta

Ninth Circuit

May 24, 2023, 5:09 p.m.

Kipke v. Moore

D. Maryland

May 22, 2023, 3:32 p.m.

Worth v. Harrington

D. Minnesota

May 22, 2023, 3:30 p.m.

Caleb Barnett v. Kwame Raoul

Seventh Circuit

May 19, 2023, 10:02 p.m.

Barnett v. Raoul

S.D. Illinois

May 19, 2023, 4:21 p.m.

Lance Boland v. Rob Bonta

Ninth Circuit

May 19, 2023, 4:09 p.m.

Ocean State Tactical, LLC v. State of Rhode Island

First Circuit

May 19, 2023, 10:59 a.m.

HANSON v. DISTRICT OF COLUMBIA

District of Columbia

May 19, 2023, 10:01 a.m.

National Rifle Association v. Commissioner, Florida Dept. of Law Enforcement

Eleventh Circuit

May 19, 2023, 6:14 a.m.

Robert Bevis v. City of Naperville

Seventh Circuit

May 18, 2023, 11:48 p.m.

United States v. Connelly

W.D. Texas

May 17, 2023, 12:48 p.m.

KOONS v. PLATKIN

D. New Jersey

May 17, 2023, 12:05 p.m.

Herrera v. Raoul, in his official capacity as Attorney General for the State of Illinois

N.D. Illinois

May 16, 2023, 5:16 p.m.

Steven Rupp v. Xavier Becerra

C.D. California

May 16, 2023, 3:07 p.m.

Bains v. American Tactical, Inc.

W.D. New York

May 5, 2023, 2:17 p.m.

Granata v. Healey

D. Massachusetts

May 2, 2023, 5:24 a.m.

United States v. Ervin

M.D. Florida

April 27, 2023, 1:30 p.m.

Renna v. Becerra

S.D. California

April 24, 2023, 1:59 p.m.

Cargill v. Barr

W.D. Texas

April 19, 2023, 10:06 a.m.

Frey v. Bruen

S.D. New York

April 17, 2023, 9:09 a.m.

Delaware State Sportsmen’s Association, Inc. v. Delaware Department of Safety and Homeland Security

D. Delaware

April 12, 2023, 7:16 a.m.

United States v. Rahimi

Fifth Circuit

April 5, 2023, 8:20 a.m.

Antonyuk v. Hochul

Second Circuit

March 20, 2023, 7:34 a.m.

Duncan v. Becerra

S.D. California

March 15, 2023, 11:03 a.m.

Ocean State Tactical, LLC v. State of Rhode Island

D. Rhode Island

Never

United States v. Avila

D. Colorado

Never

Antonyuk v. Hochul

Second Circuit

Never

Antonyuk v. Hochul

Second Circuit

Never

Dominic Bianchi v. Brian Frosh

Fourth Circuit

Never

Granata v. Campbell

First Circuit

Never

Scott Hardin v. ATF

Sixth Circuit

Never

Loper Bright Enterprises, Inc v. Gina Raimondo

D.C. Circuit

Never

Granata v. Campbell

First Circuit Never

The date is the last time I received an update on the case. Some cases look like they are in the list twice. They are, sort of. The cases have two different entries in CourtListener, so I have to watch both versions.

Friday Feedback

Welcome to Friday! Just one more day until the weekend.

This weekend will be busy. I’ve got my lady on deck to help me organize my office, my reloading/gun supply room, and to remove my spore from the living room and dining room.

After that, I need to cast some bullets for .357 Magnum. I was able to pick up 1000 Magnum Small Pistol Primers, CCI the other day along with a new powder.

I realized the other day that my eyes just aren’t good enough. The “test range” is only 25 yards long. There is a small, 4-inch, hanging gong, a larger 8″ hanging gong, and a 1/3 IDPA target. The IDPA target is set up such that just it’s little head is visible at the 1 o’clock of the small gong.

When doing my testing, I start with the big gong, move to the small gong, and then move to the “headshots”. I’m not bad at it, just not good.

What happened was that I could no longer even see the damn head. It blended in so well that it was impossible for me to see. I was still hitting it, I knew where it was in relationship to the small gong. (You can hear the difference and the gongs swing when you hit them).

All of this is to say, I decided I wanted to start using scopes for some of the more precision shots.

I have never mounted a scope before. I haven’t sighted in a scope in the last 30 years. That scope was mounted by a professional and bore sighted before I started.

I attempted to mount and bore sight my .22 bolt action.

No go, I couldn’t even get it on paper/large gong. 10 rounds and I gave up.

I spent $40 and picked up:

Damn, I wish I had done this earlier. It took a few minutes to figure it all out. Once I did, it took maybe 3 minutes to bore sight the rifle.

Back on the range, first shot was on paper. The rest of the shots were on paper. I am a bit disappointed, my groups at 25 yards are about 0.5 inches, offhand. I expect better of myself.

The comments are open, have at it.

They All Run Together

In Oregon Firearms Federation, Inc. v. Brown I wrote:

The gist is that Measure 114 creates a permitting scheme that doesn’t work. It bans magazines and semi-automatic weapons and is another Bruen response spam bill.

As CS pointed out to me, I got it wrong.

Categorizing it as a Bruen response is incorrect. It was a ballot initiative, the language for which was filed in April 2021 (14 months before Bruen) and approved for signature gathering in November 2021 (eight months before Bruen).
Private e-mail with CS (May 24, 2023)

They are correct. I did get it wrong. I’m sorry, all of these bills and cases are starting to run together in my head. Furthermore, I don’t have my tags set correctly on the different cases yet, either.

Measure 114 was a ballot initiative. The anti-gun people in Oregon had been working on multiple infringements within the legislative body. They did not get the votes. Most politicians realize that gun control is often times the third rail of politics.

The anti-gunners don’t like loosing. They went and started the Ballot Initiative. This is the method that the people of Oregon use to get laws passed via direct democracy. Mob rule.

I remember reading that there were a number of things wrong with the process that was used, and there were a number of questions about the legitimacy of the initiative.

According to Ballotpedia, they needed 112,020 valid signatures to get the measure on the ballot. Bay June 23, 2022, they only had around 90,000. This was not enough. By July 9, 2022, they had 159,000. This was barely in time to get the measure on the ballot.

Please note, I’m working from a very fuzzy memory, Oregon wasn’t my state, and it wasn’t of major interest to me, at the time.

All the Country is grist for the mill now. I thank all the readers that have sent us links and announcements about the interesting 2A things happening in their parts of the country.

The measure was written before Bruen being decided. The state should have looked at the Measure and declared it unconstitutional and made them go back and re-write it, and get another set of signatures. That didn’t happen.

Here are the links to prior articles I’ve written regarding Measure 114. I think my writing has gotten better, but not so much that I should go rewrite these articles.

Oregon Firearms Federation, Inc. v. Brown


B.L.U.F.


Measure 114

Measure 114 turns the right to bear arms protected by the Second Amendment of the United States Constitution on its head. Measure 114 abolishes Oregonian’s constitutionally protected right to purchase firearms and own them for self-defense, turning it into a privilege, subject to the whims of government bureaucrats, that may be bestowed on Oregonians at a time when it is convenient for the government.
Third Amended Complaint.Oregon Firearms Federation, Inc. v. Brown, No. 2:22-cv-01815, Doc. 158 (District Court, D. Oregon), ¶8
Measure 114 made up the term “large capacity magazine” for magazine capable of carry more than 10 rounds. There is not firearms industry term for magazines that hold more than 10 rounds, nor is it an accurate descriptive term for what is really standard equipment. Indeed, the law’s definition of “large capacity magazine” is deliberately misleading. Many people buy a firearm for the purpose of self-defense. Such consumers are inherently interested in maximizing the number of rounds available in a small package because it maximizes the effectiveness of their defensive tool. Characterizing standard capacity magazines as large capacity is a psychological trick designed to deceive the public.
Id. ¶70</cite

The gist is that Measure 114 creates a permitting scheme that doesn’t work. It bans magazines and semi-automatic weapons and is another Bruen response spam bill.

State of Play

The case was opened on Nov 18, 2022. Shortly thereafter, the filed for an Emergency Motion for a Preliminary Injunction. A hearing for a Temporary Restraining Order was held on December 2nd. On December 6th, the motion for a TRO was denied.
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Why Citations Matter

Our system of law is based on the concept of “Common Law”. What this means, in short, is that the law is the same everywhere it applies. A federal law applies the same way in all parts of the US. A state law applies the same way throughout that state.

It also means that how the law applies does not change from court to court, judge to judge, and party to party.

It is what takes us to “No one is above the law.”

Consider a law that was written in the late 1800s that says, “No man shall go armed within 100 feet of the ballot box”.

At the time it was written, everybody “knew” what it meant. It meant, “leave your guns at home when you go to vote.”

By the exact words, though, a woman voting could go armed to vote. Some might argue that “man” meant both man and woman. Others will argue that it actually did mean just “man” because women don’t vote.

That has changed. Women do indeed vote, today.

Here is where “case law” becomes important in the idea of “common law”.
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