TX AG silencer case survives motion to dismiss

BattleswarmA lawsuit by Texas Attorney General Ken Paxton seeking to exempt Texas-made suppressors from federal regulations will move forward, after federal Judge Mark Pittman on Monday ruled against a motion to dismiss the case.

If the Supreme Court rules favorably on this, it has the potential to reshape commerce clause law dramatically. The power of the federal government to interfere with small businesses would be cut back dramatically. I see this case as being a direct challenge to Wickard v Filburn.

Tue Oct 25 22:26:21 CDT 2022 by TriggerFinger. Comments [Tweet]

Supreme Court rules in favor of 2nd Amendment in New York case

DivemedicaSCOTUS releases decision in NY pistol case, ruling that New York’s means test is unconstitutional

We'll get a lot of detailed commentary as people read the case, but the bottom line is that ordinary people won. The Supreme Court declared that New York's rules about carrying firearms and specifically their rules about who qualified for a license to do so were unconstitutional. New York pistol permits have a lot of discretion involved, and it was -- until this ruling -- very difficult for an ordinary person to get one. Celebrities, police, armed security, politicians and their donors, sure. Ordinary people not so much.

Decision here.

Thu Jun 23 12:44:35 CDT 2022 by TriggerFinger. Comments [Tweet]

Details on the FISA court ruling outlining FBI abuse

Sara CarterThe court stated that the FBI querying procedures did not require bureau personnel to document the basis for searching Americans. For example, a reasonable query would be done to obtain information regarding ‘foreign intelligence information or evidence.”

“Without such documentation and in view of reported instances of non-compliance with that standard, the procedures seemed unreasonable under FISA’s definition of”minimization procedures” and possibly the Fourth Amendment,” the court stated.
“The FISC also concluded that the FBI’s querying and minimization procedures, as implemented, were inconsistent with Section 702 information and the Fourth Amendment, in light of certain identified compliance incidents involving queries of Section 702 information,” according to the website On The Record release from the Intelligence Community. The ruling noted that the “instances involved instances in which personnel either misapplied or misunderstood the query standard, such that the queries were not reasonably likely to return foreign intelligence information or evidence of a crime,” according to the IC.

In other words, the FBI is not tracking the justifications for searches of US persons. If they aren't tracked, at all, they can't be audited for compliance or punished for non-compliance. And they also aren't applying the rules put in place to protect US citizens from unjustified surveillance.

Sat Feb 15 04:54:22 CST 2020 by TriggerFinger. Comments [Tweet]

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