Flynn

Varghese said he had filed the appropriate paperwork to “preserve these arguments for appeal” but that the judge "rejected these arguments, and she went out of her way to limit me.” This is what we face in many courts nowadays, they are no longer trying to hide it... https://redstate.com/jeffc/2024/04/22/brooklyn-man-convicted-over-gun-hobby-by-biased-ny-court-could-be-facing-harsh-sentence-n2173162

I beg to differ, we have a long history of the ATF making stuff up as they go along and changing the rules on the fly, those changes have real-life legal consequences that turn people into felons for something they may have legally owned for years, this needs to end and this case could end that and in the end that is a good thing for the 2nd community... And who knows, with all the lower courts ignoring Heller/Bruen I would not be surprised if the court walks the line and possibly tosses in a reminder or two about Heller/Bruen to put the lower courts on notice...

The Supreme Court grants certiorari and will hear this case... Keep in mind it was the Biden administration that requested the Supreme Court hear it... https://bearingarms.com/camedwards/2024/04/22/scotus-grants-cert-to-atf-ghost-gun-rule-n1224606

You can't enforce the previous ruling of that lower court's interpretation that it's constitutional when it's been reversed by a higher court and the SCOTUS could go one step further and issue a stay on enforcement of any law in question with that reverse and remand order... But, the fact is the SCOTUS won't do this, they are too stuck in their 'polite' ways...

They would accept every appeal, reverse and remand it back to the lower court telling them to read Heller/Bruen and try again and thus never let any lower court ruling of the contrary stand... But, they of course won't do this with the 2nd...

Nope... Although I may not agree with the 4473 questions and current policy, I would also not be hoping charges were dropped against anyone and I mean anyone who chose to deliberately and intentionally lie on a 4473 to illegally obtain a firearm... I simply do not support perjury...

Sadly our legal system doesn't work like that, just look at how all the courts are ruling on all these bans across the US even NY's current legislation... Bruen didn't specifically say that NY's registration was unconstitutional, so there is that as well... AGAIN I agree that it's unconstitutional, but sadly our legal system doesn't follow the " it should go without saying" reasoning most of the time and right now NY's law is NY's law and valid until ruled unconstitutional... Even if we disagree with that logic, that is the logic used by our legal system...

I agree that the law should be found unconstitutional, but right now it's the law, and just like I feel PICA is entirely unconstitutional as well, I'm currently bound to follow it or face charges, she should be treated just like anyone else violating a law not yet found unconstitutional, especially since they have an under oath self confession of her crime in court...

I obviously don't agree with the registration scheme, but the law is the law for now, is she going to be treated differently than others and not charged? It's clear and obvious it was willful and she was aware it was illegal under the current laws and New York considers it a felony offense, so is she going to be charged or are we going to see another example of our obvious two-tiered justice system?

I doubt the policy will survive court challenges, but in the meantime historically the ATF has been quite feisty about people getting an FFL just to have an FFL or to be an FFL hobbyist and with that stance has historically revoked or denied FFL issuance because they didn't deem it a legit business... I guess now with this policy change every Tom, Dick and Harry that sells a single firearm is entitled to be an FFL without question as that is their new threshold for being an FFL... I might have to seriously consider getting my FFL 07 with Class 2 SOT so I can have some inventory to 'test' after I buy one gun to sell... Should be easy enough to keep the books tidy with only a single sale and current inventory, none of that hassle of actually selling on a regular basis...

This is the biggest problem with FOI laws, there are no consequences for them to flat-out deny the request or turn over black sheets... What needs to be done is the FOI laws need to include a substantial punitive punishment for any government agency that is found to have withheld any documents or information that they shouldn't have... Lets say something like after court action if a government agency was found to have wrongfully withheld documents they are fined $250/page plus attorney cost to the plaintiff for every page they withheld... As it stands right now they basically suffer nothing if they refuse and they know it...

Correct me if I'm wrong but PICA has nothing to do with NFA regulated 'rocket launchers' that contrary to her lie can be legally owned in several free states...

Just for conversation's sake, doesn't that all boil down to a means-end argument that Heller/Bruen has mooted as justification to infringe upon the 2nd's right to self-defense?

This ruling was based on Ohio law, but I would suggest that Heller/Bruen's "history and tradition" would mandate the same even for brandishing... https://bearingarms.com/camedwards/2024/03/08/ohio-supreme-court-says-warning-shots-count-as-self-defense-n1224127

Yeah they are cool, I'm kind of surprised that a niche market for reloaders has not spawned as it would be a cool way for reloaders (especially the bigger ones) to brand their reloads...