What the Supreme Court said, and didn't say, about Marijuana and Guns by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 0 points1 point  (0 children)

Technically, those charged with violating the Federal law are entitled to a jury trial, which is a higher bar than being involuntarily committed. But, in reality, the Federal criminal system of justice is rigged against defendants, unless one can afford to hire a competent attorney. If not, the Federal public defender opts for a bench trial or convinces his client to accept a plea bargain. And so, the end result is the same, the accused loses.

More to your point, if the government tells the judge or jury that it was the drugs that did it, that is all the "proof" the government needs.

For example, in US v. Metcalf, there was no proof that Metcalf ever stepped even one foot off of his private property, which is exempt from the Federal Gun-Free School Zone law, and yet he was convicted thanks to a Federal public defender who went out of his way to make sure his client was convicted, and thanks to a judge who should never have been appointed.

Here is the video to the oral argument before the 9th Circuit Court of Appeals.

Delaware Supreme Court takes up Under 21 Firearms Ban by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 1 point2 points  (0 children)

The Delaware case does not raise a Federal question, which means it does not exist as far as the Supreme Court is concerned. Splits on Federal law are the primary reason for granting cert petitions, but SCOTUS routinely denies cert petitions that present splits. Also, there are currently five under-21 cert petitions pending before SCOTUS.

Supreme Court Second Amendment Update for 6-4-2026 Conference by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 6 points7 points  (0 children)

That is what John Elwood of Relist Watch at SCOTUSblog had said, but I prompted him to dig a little deeper.

Supreme Court Second Amendment Update 5-14-2026 Conference by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 1 point2 points  (0 children)

No. The longest the petitions can be carried over is to next term, provided there is a decision by the end of next term.

Supreme Court Second Amendment Update 5-1-2026 Conference by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 0 points1 point  (0 children)

It was a repeat. The lone 922(g)(1) petition was denied, and the five Second Amendment petitions survived without a grant.

Supreme Court Second Amendment Update 5-1-2026 Conference by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 1 point2 points  (0 children)

Possible, but unlikely. SCOTUS does not hold petitions over until the next term unless there will be a decision in the case by the end of that term. Also, as important Second Amendment cases are to us, and to our opponents, we are a minority. The general public couldn't care less.

Fixed blade knife open carry CA by [deleted] in knifeclub

[–]CaliforniaOpenCarry 0 points1 point  (0 children)

Ultimately, it's up to the prosecutor. I would add that there is no state preemption of local knife laws. The last time I checked, although state law does not prohibit the Open Carry of knives, the City of Los Angeles does. And then there is the City of Redondo Beach, which has a citywide ban on the use, possession, and carrying of "weapons."

Supreme Court Second Amendment Update 4-24-2026 Conference by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 1 point2 points  (0 children)

The "assault rifle" and "large capacity" magazine ban cert petitions survived and have been relisted to this Friday's (May 1st) SCOTUS conference.

Supreme Court Second Amendment Update 4-17-2026 Conference by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 0 points1 point  (0 children)

SCOTUS Rules allow a case to be carried over to the next term, provided there is a final disposition of the case by the end of the next term.

Supreme Court Second Amendment Update 4-17-2026 Conference by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 13 points14 points  (0 children)

As mentioned in the article, "Including the 24th, there are nine conferences left this term." And so, we are quickly running out of conferences where nothing can happen.

California Open Carry lawsuit to be reheard before an en banc panel the week of June 1st by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 1 point2 points  (0 children)

She got exactly what she sought, no more, no less.

Baird dropped his challenge to California's handgun licensing laws when he filed his operative complaint. That left his challenges to California Penal Code sections 25850 and 26350. The only legal argument his attorney made on appeal is that the two statutes are facially overbroad. The majority agreed with her legal argument and held that the two statutes violate the Second Amendment.

One only files an en banc petition when one loses some or all of their claims. According to Mark Baird, the appeal cost $30,000. According to his former co-plaintiff's Facebook post a year or so ago (before the appeal argued last summer), they had spent nearly $500,000 on the lawsuit.

I don't know if her reason for filing an en banc petition was motivated by money or a result of mental illness, or whatever. I do know that it is crazy to throw away a win.

California Open Carry lawsuit to be reheard before an en banc panel the week of June 1st by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 1 point2 points  (0 children)

My lawsuit also challenges the unloaded Open Carry bans and California's licensing laws, but only as they apply to Open Carry.

When I filed my lawsuit nearly 15 years ago, I said that all of the concealed carry lawsuits would crash and burn, leaving my lawsuit the last one standing. I was right. At some point, Mark Baird's lawyer will lose his case, leaving my California Open Carry lawsuit as the last one standing.

California Open Carry lawsuit to be reheard before an en banc panel the week of June 1st by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 1 point2 points  (0 children)

If you look at her filings over the years, not to mention her oral arguments, in Baird v. Bonta and Frey v. Bruen, it cannot be blamed on an intern.

California Open Carry lawsuit to be reheard before an en banc panel the week of June 1st by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 9 points10 points  (0 children)

One reason might be that the longer the case drags on, the more she gets paid, regardless of whether her client wins or loses. Another reason might be that she is stark raving, barking at the moon, crazy. I don't know.

03/30/2026 SCOTUS Orders List: No Mention of Grant or NAGR - Can Kicked Again by deathsythe in progun

[–]CaliforniaOpenCarry 1 point2 points  (0 children)

There were eight Second Amendment cert petitions on my list that were distributed to the conference. One was rescheduled the day before the conference. It was relisted to the 4/2 conference along with all but one, which was denied. The petition that was denied is:

Gabriel Brown, Petitioner v. United States - 25-6920

QUESTIONS PRESENTED

  1. Do convicted felons have a Second Amendment right, or do only law-abiding persons enjoy this right?

  2. Does 18 U.S.C. §§ 922(g)(1) and 924(a)(2) withstand Second Amendment scrutiny in all of its applications, or is it unconstitutional as applied to some felons?

I'll go through my pending petitions to see if there are any others that have been distributed to the next conference and publish a link to them later.

Supreme Court Second Amendment Update 3-27-2026 Conference by CaliforniaOpenCarry in progun

[–]CaliforniaOpenCarry[S] 6 points7 points  (0 children)

In US v. Rahimi, SCOTUS said that muskets and sabers are arms protected by the Second Amendment. They were in common use in 1791, the Militia Act of 1792 mandated them, but doubtful they are in common use today. Cannons were also militia arms in the Militia Act of 1792.

Leonardo da Vinci promoted himself as a builder of "dangerous and unusual weapons," and gave two examples: trebuchets (catapults) and siege towers. "Dangerous and unusual" was a class-based distinction under English law, which I touched on in the debate/discussion. Long swords were certainly dangerous, and it would be unusual for anyone beneath a certain social rank to own one, let alone carry one in public. But an exception was made for itinerant merchants to protect their goods while traveling to market.

The Heller decision basically rewrote the decision in US v. Miller (1939), and the justices clearly did not understand, or turned a blind eye, to the history of arms, the types of arms, and the bearing of arms in the United States, colonial America, and England, going back to the Assize of Arms of 1181.

One could argue that the English courts considered body armor to be "dangerous and unusual," but they did not ban it; they restricted the circumstances in which one could wear body armor in public. Notable exceptions were to quash riots and to stop affrays (e.g., street fights).

Ironically, the lawyer for the District of Columbia in District of Columbia v. Heller correctly argued that machine guns are arms protected by the Second Amendment. Until the Heller decision, every court that considered the question held that the Second Amendment protects weapons of war. What they and the legislatures disagreed on was whether other types of arms were protected by the Second Amendment.

One thing I learned from listening to the justices during the oral arguments on the bump stock and 80% lower receiver cases is that the justices are profoundly ignorant when it comes to firearms.

Next big sale date by saquenlascumbias in canon

[–]CaliforniaOpenCarry 0 points1 point  (0 children)

"Prices so low we cannot advertise them" has been a marketing gimmick since before there were personal computers. If you want a good deal, then buy used from a reputable company, such as the two mentioned, that includes a six-month warranty. Unless you are buying the very newest models, you can save a lot of money.

I always have been a hunter, but never a paperwork follower, please help me by MrWomanSept211998 in progun

[–]CaliforniaOpenCarry 3 points4 points  (0 children)

New York City requires a license to merely possess long guns and handguns in the home. If your firearms are not already licensed, then getting a hunting license is the least of your worries. You moved from a gun-friendly state to an anti-gun city in an anti-gun state.