Tuesday, March 11, 2014

Gun Owners Ask SCOTUS to Block Implementation of High-Capacity Magazine Ban. No, not CT, but isn't that a good idea? Alan? Wayne? (Crickets.)

Does the Second Amendment protect the right of gun owners to possess magazines that hold more than 10 rounds of ammunition? A group of California gun owners says it does, and today they asked Supreme Court Justice Anthony Kennedy to block the implementation of one such ban as they mount a Second Amendment challenge to it in federal court.

5 comments:

Anonymous said...

It turns out that this particular case has the correct procedural posture to be in the position to petition the SC for a (rare) emergency injunction. It's not clear to me that CT has something as ripe right at the moment. BTW -- this is being handled by the same people that won Peruta. The clock is currently stopped on Peruta while the CA9 determines if the CA AG has standing to intervene (an issue that turns on tiny legal fine points.) By the end of April we should know if Peruta is going to stick immediately, or if the dance continues. Much more information can be found in discussion threads at calguns.net (if you can tolerate weeding through all the uninformed noise.) -- (Posted from behind enemy lines in Sunnyvale.)

Anonymous said...

SCOTUS frowns upon dealing directly with the serfs ( non bar members) and will sidestep doing so for any reason it can dream up. Yes, We The People should and must have direct access to the highest court but the fact is we DO NOT. This because the judiciary long ago usurped authority not delegated to it.

Don't believe so? Well, just go ahead and try to exercise the right to assemble at the Supreme Court. I'm not even talking petition, just simple assembly. Yer ass is going to JAIL.

UNLESS

a gathering like the one Glenn Beck kicked off several years ago. If that many people even had the courage to send snail mail (registered mail) to SCOTUS it would rock government itself to its core.

A question to ask is why the "organized advocacy groups " not only don't. "Organize " such an effort but actively instruct their members against doing so!

Might this be an upheaval among "membership" fed up with the double dealing and double talking? Could be - and if it is I am excited to see this brewing.

We own the RIGHT to oversee EVEN our Judiciary and the judges sitting on the bench. We own the RIGHT to assemble before OUR courthouses in SPITE of dictation to the contrary. I hope this is a step that many others see as the right one - flooding the courts has LONG been something I advocate. This is part of that strategy. Judges need to feel the heat just like elected legislators!!!! They too MUST be accountable to the people, not set atop unreachable and unapproachable mountaintops.

Anonymous said...

Mike,

Please create a new thread based on some sad news.

SAFE Act jury trial out of Western New York just concluded, Injured Iraq Combat Marine, guilty:

http://www.buffalonews.com/city-region/chautauqua-county/silver-creek-man-convicted-in-gun-case-20140310


Trial Info, w/ names: http://www.observertoday.com/page/content.detail/id/594751/Wassell-case-goes-to-the-jury.html?nav=5047

Add'l names: http://www.observertoday.com/page/content.detail/id/594342/SAFE-Act-case-going-to-trial.html?nav=5047

Anonymous said...

Mike,

Defendants to be tried for treason and crimes against humanity for conduct towards Marine combat vet Ben Wassell, convicted under SAFE Act:

-Sandra J. Migaj, senior investigator for the New York State Attorney General's Office in Buffalo, salary $88,920


-A New York State Police investigator, whose name was asked to be withheld by the Attorney General. The undercover officer explained his long background in the state police and in the Air Force prior to that.


-State Police Sgt. Lawrence Dorchek, a senior firearms instructor. Doesn't exist in payroll data


-NYSP Investigator Brian S. Snyder, salary $133,622


-Bureau of Alcohol, Tobacco and Firearms Investigator James Weissenburg


-Assistant Attorney General Diane LaVallee


-Jeffrey Jankowiak, owner of JJ's guns...defrauded Mr. Wassell
https://www.facebook.com/pages/JJ-Guns/135297583221868
3175 E Main Rd, Dunkirk, New York 14048+1 716-672-5486
jjguns.com


-Trooper Dennis J. Gould (chatauqua), Trooper, salary $127,234


-lead Investigator Stacy L. Stawicki, (salary $127,790) she has retired and moved to Georgia, so she could not appear. Kelly said
Stawicki was never alone with Wassell so her testimony is not necessary.


-Judge Michael L. D'Amico of Erie County Court, $167,000


-Casey Aguglia from the New York State Attorney General's press office (real fruit loop)
https://twitter.com/CaseyMcKay24
capitaldistricthumane.org
"Retweeted by CaseyAguglia @CaseyMcKay24 Dec 22
Chuck Schumer @ChuckSchumer Dec 24
Thinking about the West Webster fire fighters and their families this Christmas Eve."


-two Chautauqua County judges recused themselves because they are both members of the National Rifle Association (should have stayed on and reminded the jury they decide the facts AND the law).


-Assistant Attorneys General Cydney A. Kelly, salary $110,793


-Deputy Bureau Chief, Stephen J. Maher, salary $116,571


-Bureau Chief Gail Heatherly, salary $150,668


-Executive Deputy Attorney General for Criminal Justice Kelly Donovan, salary $172,096


-Supervising Investigator Richard P. Doyle, AG, investigator, salary $76,929


-Assistant Chief Investigator Antoine J Karam, salary $106,268


-Michael O'Rourke


-Kevin M. Gallagher, Investigator, salary $135,950


-Senior Investigator Charles F. Torres, NYSP, Senr Investigator, salary $146,341


-Lieutenant Martin E McKee, NYSP/BCI, salary $152,187


-Chief Investigator Dominick Zarrella, AG, Invst., salary $136,124

Anonymous said...

Not agreeing with the conviction, but the Safe Act charge was dropped. His convictions would have happened even if the Safe Act had not existed. Again, not agreeing with the conviction, but truth in reporting please.