A Tennessee case to determine it’s scope

And an affirmative defense.

Seen at Volokh’s: U.S. v. Luedtke (E.D. Wis. Nov. 18, 2008) upholds against a Second Amendment challenge the federal ban on possessing firearms while under a domestic restraining order, and offers more analysis than most district court Second Amendment decisions have provided.

Eugene Volokh notes a recent post-Heller case doesn’t quite cut it. Seems the court took a rather broad interpretation of the term exhaustive without analyzing how someone convicted of a misdemeanor would be prohibited from possessing a firearm. Update: David Hardy has more.

Via GLN, comes this: Federal prosecutors in Maine can continue to use gun laws to combat domestic violence, the U.S. Court of Appeals has ruled. U.S. Circuit Judge Sandra Lynch, sitting in Boston, ruled that John Frechette of Lewiston can be charged with the federal crime of gun possession by a person convicted of a […]

Via the Geek, the seventh circuit says criminal may not prevent gun ownership: We therefore assume that Skoien’s Second Amendment rights are intact notwithstanding his misdemeanor domestic-violence conviction. Appears to be a months-old case but I missed it.

TriggerFinger notes the Fraternal Order of Police having issue with the Lautenberg amendment. Seems a restraining order during a divorce proceeding isn’t forgivable like felon in possession is. In comments here, he notes: Oh, and the reason for the lawsuits is that the federal law about misdemeanor domestic violence convictions or restraining orders does NOT […]

David Hardy tells us about Dr. Emerson, an apparent victim of the Lautenberg Amendment.

So Danny Westneat is all upset that some guy who used guns to kill people had guns. He notes the courts took the cop killers car away but not his guns. And some news source points out that the shooter owned guns legally. I’m not sure how he owned them legally since he was the […]

Joe Huffman: Although I agree with Linoge on a philosophical basis I also am of the opinion that once our enemies violated that principle (Hughes Amendment, Lautenberg Amendment, etc.) it would be unethical for us to defend our specific enumerated right to keep and bear arms on an unequal playing field. We are only playing […]

Via KAG, comes a tale from Nashville: Federal law said many people served with orders of protection cannot possess a gun, and local judges routinely issue orders to these people saying they have to give up their guns. But the orders don’t say where that gun is supposed to go or for how long anyone […]

The Lautenberg Amendment is going to the Supreme Court.

A challenge to the onerous Lautenberg amendment.

US v. Hayes. Short version: guy is convicted of battery in 1994. Someone decides it was domestic violence, even though that’s not what the charge was. Lautenberg Amendment passes in 1996 and retroactively prohibits the guy from owning arms. Police search his house and find an old lever action. Prosecution ensues. He wins at the […]

Well, the assault weapons ban, Lautenberg amendment and Brady Bill had his name on it so it’s no surprise Clinton had it in for gun makers too: The “promising idea” identified by Blumenthal involved filing massive product liability and negligence lawsuits against major handgun makers, “the opening salvo in a campaign against the gun industry […]

GLN has the update: The state of Wyoming passed a law in 2004 that allowed for expungement of misdemeanor domestic violence convictions restoring the firearms rights disabled by the Lautenberg Amendment. The expungement would allow a previously prohibited person to acquire a state ccw. Existing law allowed ccw holders to acquire firearms with going through […]

Repeal the Lautenberg Amendment, aka, section 658 of Public Law 104-208. The Lautenberg Amendment is a silly piece of legislation. It can keep you out of the military, from being a policeman, and ends your gun rights without due process of law.

Amendment 1: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Yet, GLN reports: Now, if you are a […]

Bob Krumm posted various questionairres he’s filled out on his site. Here’s the one from the NRA. He says full-auto weapons should be licensed. He also says he thinks current laws are sufficient. Tennessee laws, other than concealed carry, basically mimic federal laws. He supports expanding places where citizens can lawfully carry. He opposes the […]

GLN was asking for Lautenberg cases. Read this tale of a guy who has lost a lot due to the Lautenberg Amendment.

The gun nuts will be your guides.

Diane Feinstein, after adjusting her carry piece, said: I must admit as much as I knew this decision was coming, I was viscerally affected by the decision. I remember both Justice Roberts and Justice Alito sitting in front of us and indicating how they would respect stare decisis and precedent – and this decision takes […]

Looks like there’s a gun control bill in the works: This bad Bill expands upon the unconstitutional Lautenberg misdemeanor gun ban [922 (g)(9)]. This gun ban, passed as an amendment to a 1996 omnibus spending bill and signed into law by none other than President Clinton, was first introduced by leading anti-gun Senators Frank Lautenberg, […]

More anti-gun wish lists are hitting the immunity bill: Republican Majority Leader Bill Frist, R-Tenn., agreed late Thursday to allow debate on amendments to the measure Friday. One, sponsored by Sen. Jon Corzine, D-N.J., would make police officers exceptions to the bill’s restrictions, allowing them to sue. Another, sponsored by Sen. Frank Lautenberg, D-N.J., would […]

The SKS is evil incarnate. As such, the media hysteria continues to whip into a frenzy. Mention SKS and assault weapon ban in the same sentence to get the desired effect. What’s noticeably absent from these scare stories is that the SKS, which does not accept a detachable magazine, is not affected by the assault […]

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