September 29, 2023 5:01 am

Government Employee / Political Candidate’s Advertising Gun Raffle for Election Campaign May Be Protected by the First Amendment

“Defendants’ argument, which attempts to draw an ill-defined connection between a lawful gun raffle hosted on social media, and obviously tragic and unlawful mass shootings at schools, remains predicated upon numerous, dubious inferences …—if not upon rank speculation.”

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September 13, 2023 9:23 pm

Federal Court Blocks N.M. Governor’s 30-Day Ban on Gun Carrying in Albuquerque Area

In Wednesday’s Nat’l Ass’n for Gun Rights [and companion cases] v. Grisham, Judge David Herrera Urias (D.N.M.) issued a temporary restraining order blocking the ban. The court’s reasoning was simple: In Bruen, the Supreme Court held that the Second Amendment generally protects a right to carry arms in most public places, and the Governor’s order…

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September 13, 2023 10:33 am

California Restriction on Gun Ads That “Reasonably Appear[] to Be Attractive to Minors” Likely Unconstitutional

From Junior Sports Magazines, Inc. v. Bonta, decided today by Ninth Circuit Judge Kenneth Lee, joined by Judges Randy Smith and Lawrence VanDyke: This case is not about whether children can buy firearms. (They cannot under California law.) Nor is this case about whether minors can legally use firearms. (California allows minors under adult supervision…

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September 13, 2023 4:15 am

N.M. Attorney General Refuses to Defend N.M. Governor’s Temporary Ban on Gun Carry in Albuquerque Area

The Truth About Guns (Dan Zimmerman) has what appears to be an accurate copy of the letter from the A.G. (who is of the same party as the Governor, though is separately elected). An excerpt: The whole letter is worth reading; some of it also discusses the question whether the Governor has the statutory authority…

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September 13, 2023 4:00 am

New Mexico Anti-Gun Decree Follows a Dangerous Path of ‘Emergency’ Rule

No response to authoritarian government actions is quicker or more reliable than non-compliance.

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September 11, 2023 10:21 am

Covid Playbook Redux: New Mexico Governor Cites ‘Public Health Emergency’ To Suspend Second Amendment

Democrat Gov. Michelle Lujan Grisham tried to unilaterally suspend New Mexicans’ Second Amendment rights on Thursday, under the guise of a ‘public health emergency.’

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September 10, 2023 5:01 am

Challenge to N.M. Governor’s Ban on Public Gun Carry in Albuquerque and Surrounding County

From the motion for a temporary restraining order in Nat’l Ass’n for Gun Rights v. Grisham, filed yesterday in New Mexico federal court (paragraph numbering removed). Governor Grisham issued Executive Order 2023-130 (the “Executive Order”) on September 7, 2023…. In the Executive Order Governor Grisham declared that a state of emergency exists in in New…

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September 8, 2023 1:00 am

Brickbat: Carry On

Responding to a series of shooting, many involving minors, St. Louis Mayor Tishaura Jones has proposed banning AR-15s, AK-47s, and similar weapons from city streets. Jones has also called for banning celebratory gunfire and banning people convicted of insurrection and hate crimes from possessing firearms in the city.

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September 6, 2023 1:03 pm

Liberty Safe Let FBI Seize Customer’s Gun Safe Contents Without A Court Order

The manufacturer confessed on Tuesday that it retains a master safe code and will hand that combo over to the FBI even without a court order.

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September 5, 2023 1:00 am

Brickbat: On Record

When U.S. Army Sgt. 1st Class Jamie Morris, a Special Forces soldier, applied for a concealed carry permit, his local sheriff’s office contacted him about several arrests on his record. Morris was confused: He’s never been arrested. But his record showed he’d been arrested on several charges, most seriously aggravated sexual contact and negligent homicide…

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September 1, 2023 11:03 am

FIRE on the School Restricting “Dont Tread on Me” and Firearms Policy Coalition Patches

From FIRE’s letter sent yesterday to the Superintendent of Harrison School District Two in Colorado; I generally trust FIRE’s factual accounts in such matters, and I think its legal analysis here is spot on: The Foundation for Individual Rights and Expression (FIRE), a nonpartisan nonprofit dedicated to defending freedom of speech, is concerned by The…

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September 1, 2023 9:11 am

Court Strikes Down W. Va. Law Restricting Property Owners from Asking Visitors About Whether They Have Guns in Their Parked Cars

From yesterday’s decision by Judge John T. Copenhaver, Jr. (S.D. W. Va.) in W. Va. Coalition Against Domestic Violence, Inc. v. Morrisey (some formatting changed); note that the court upheld some other provisions of the law, which I discuss in a separate post: In March 2018, the West Virginia Legislature enacted House Bill 4817 [the Parking…

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