Hello everyone and welcome back to This Week in Guns, brought to you by Patriot Patch Company, VZ Grips, MAF Corporation, 4 Patriots Food and Primary Arms. This show offers commentary on the latest firearms industry news, information and buzz. I’m your host Matthew Larosiere and I’m joined by the high ratman.
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Brandon Hererra, we gotta talk about it.
I’m often quoted as saying Article III was a mistake. This is because I’m right, and it was.
Article III is what limits the jurisdiction of federal courts to hear lawsuits. At first bluff, you might think that sounds good. But in reality, it’s more often been used to prevent people negatively affected by the government’s wrongdoing from suing unless they jump through flaming, diseased hoops in a particular order.
One major issue the gun industry, and by extension the gun community is facing is the existential threat posed by “public nuisance” laws like New Jersey’s and New York’s, which enable politically motivated actors to sue gun companies when people criminally misuse their products. Rather than allowing the challenge to be fought out, it was tossed out on standing, leaving the gun industry again imperiled.
In a fascinating win for Ohio, the state’s preemption law, which prevents local governments from instituting stricter gun laws than those at the state level, was just put back into effect by a state appeals court. The interesting part here is the procedural grounds. In a very technical victory, the judge determined the trial court had gotten the timing wrong, putting in preliminary injunctive relief three years after circumstances changed for the City. “This order went beyond the scope and purpose of preliminary injunctive relief—’to preserve the relative positions of the parties until a trial on the merits can be held.’”
VZ Grips: ThisWeek15
Hawaii’s “Bruen response” bill was outrageous, going so far as to include a “vampire rule,” where concealed carriers could not enter private property unless invited. Which is exactly as hilarious as it sounds. Hawaii has already initiated its appeal, but the fact that it lost in a district as hostile to guns as Hawaii is definitely exciting news! The decision has already been cited in Maryland litigation against a similar ban.
MAF Corp: FRN
This is pretty important, but temper your excitement: it’s just district court.
We’ve seen a lot of 18-20 year old bans, preventing people under 21 from purchasing firearms in various states, even in the holy Floridian empire. It’s an incredibly pernicious class of laws, and it’s refreshing to see that one such law was enjoined, in Colorado of all places!
Also refreshing are the grounds on which relief was granted: recognizing that there is necessarily a right to acquire arms.
We knew this one was coming, but I felt it more likely to come from one of the more, well, weed-y states. That said, the Fifth Circuit has tossed the conviction of a Mississippi man who was arrested and sent to prison for possessing firearms as a smoker of jazz cigarettes. The panel found that Daniels’ conviction was inconsistent with the “history and tradition” of gun regulation.
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Shockingly, when the government gives itself a vague power to do something, it winds up using it in new and interesting ways. In yet another knock-on effect of the “Bipartisan Safer Communities Act,” a little jiggy in there that prevents federal funding from going to programs that provide “training in the use of a dangerous weapon” have led to the end of hunter safety education funding.
This has upset some who caucus with the Democrats, who are shocked to see their own work used against educational programs. Which is kinda ironic.
Patriot patch Co. TWIG10
We need to talk about newsom’s constitutional convention: https://www.gov.ca.gov/2023/06/08/28th-amendment/