Saturday, December 02, 2023

First, good news from Maryland

Plaintiffs seek to enjoin the state from enforcing only this additional, preliminary handgun-licensure requirement. And Plaintiffs’ challenge must succeed. The challenged law restricts the ability of law-abiding adult citizens to possess handguns, and the state has not presented a historical analogue that justifies its restriction; indeed, it has seemingly admitted that it couldn’t find one. Under the Supreme Court’s new burden-shifting test for these claims, Maryland’s law thus fails, and we must enjoin its enforcement. So we reverse the district court’s contrary decision.
Quite good.  The bad is the crap one judge claimed in opposition to the majority ruling:
Judge Keenan would have us believe the word “infringed” in the Second Amendment is a synonym for “destroyed.” This is a word game Progressives love to play. Change the clear meaning of words to achieve political objectives.


Now we have bad, ATF is playing games.  Again.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has filed a notice of appeal in a case challenging its rule against pistol braces (FINAL RULE 2021R-08F). Gun Owners of America (GOA) filed a motion for summary judgment a day later.

The case, Texas v. ATF, is a joint effort between GOA, Gun Owners Foundation (GOF), and the state of Texas to take down the ATF’s pistol brace rule.

...
Since then, the Fifth Circuit Court of Appeals has expanded the injunction to cover everyone in the nation, effectively killing the ATF’s rule. Before that happened, according to GOA, all parties agreed to the timeline in the Texas v. ATF case. Merely one day prior to Texas and GOA submitting a motion for summary judgment, the ATF proceeded to lodge a notice of appeal with the Fifth Circuit Court of Appeals. Many think the ATF violated the agreed-upon timeline and is trying to stall for time since the Fifth Circuit appears to be a dead end for a Bureau legal victory.

It is unlikely that the Fifth Circuit of Appeals would overturn Judge Tipton’s decision. The Fifth Circuit is openly hostile to the ATF’s use of the rule-making process.

Every court should be openly hostile to a federal agency saying "We don't need Congress, WE can make law."

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