An interesting Second Amendment case may be making its way to the Supreme Court soon involving reciprocity and post-Bruen state resistance to Second Amendment rights.
“The case is Gardner v. Maryland. It is a challenge to Maryland’s concealed carry laws, as it dealt with out of state residents as it was pre-Bruen. It has an amazing fact pattern, one that a plaintiff’s attorney, a petitioning attorney, would love nothing more to have.
A lot of people missed it because it was a “pro se petition,” i.e. filed by the person involved rather than a lawyer.
“Now it’s sitting on petition to the United States Supreme Court.”
“Our good friend Kostas Moros over at the Second Amendment Foundation is geeking out on the video.”
“And he also comes to the conclusion, number one, Miss Gardner had gotten completely effed by Maryland law. And number two, you really could not ask for a better fact pattern.”
“So he convinces the Second Amendment Foundation to actually do an amicus brief in support of her petition, and also starts using his platforms to publicize this case which then leads to Miss Gardner no longer being a pro se petitioner. She now has counsel. In fact, she has very, very competent counsel representing her.”
“But that’s only the beginning of the cool news.”
“What once started as a pro se petition by a woman who absolutely got completely hosed by an unconstitutional licensing scheme now has amicus briefs in support of her petition from the following groups.”
“There’s an amicus brief from the Second Amendment Foundation, co-authored with the NRA, Second Amendment Law Center, California Rifle and Pistol Association, the Citizens Committee on the Right to Keep and Bear Arms, and the Minnesota Gun Owners Caucus.
“But that’s just the beginning of the good news, because guess who else has filed amicus briefs in support of Ava Marie Gardner’s petition? the Cato Institute, the Heller Foundation, 24 attorneys general, spearheaded by the states of Virginia and New Hampshire,” including Texas AG Ken Paxton.
“And an amicus brief from Senators Ted Cruz, and all of these other members of the United States Senate.”
“Ava Marie Gardner is a lawful and responsible gun owner residing in the state of Virginia. And yes, she has a valid Virginia concealed carry license.”
“She’s traveling through Montgomery County, Maryland, specifically on Interstate 270. A road rager intentionally strikes Miss Gardner’s car and forces her off the road. Now, after both cars come to a stop, the other driver gets out of his car and starts rushing towards Miss Gardner’s car.”
“She initially screams at him to stop, but that doesn’t seem to work. So, then she displays her firearm and stops the threat. And I want
you to understand that she merely displayed it, did not discharge it. There was no allegation of her pointing it at it. It was just the display of the firearm.”
But then, well, after police arrived, the only person arrested was Miss Gardner.”
“For unlawful display of a firearm? Nope. For assault? Nope. No. In fact, the only thing that Miss Gardner was arrested for fell under Maryland Code of Criminal Law Section 4-203A, which says that you cannot have a firearm on your person or in your vehicle unless you are properly licensed by the state of Maryland.”
This case goes back and the law that Maryland was using for their concealed carry license at the time made it actually impossible. So that even had Miss Gardner wanted to try to get a Maryland license, she in all likelihood would have never obtained one.”
“At the time, in order to get a Maryland concealed carry license,
one had to one show good and substantial reason. That’s right. they were still operating under the “may issue” standard. So you actually had to prove up a reason as they saw fit for you to actually be able to carry a firearm.”
“And then in addition to that too, you had to have 16 hours of instruction which of course was only available in Maryland.”:
“And then let us remember that also at the time the state of Maryland offered absolutely no reciprocity whatsoever. So she would have never been able to obtain a Maryland license because she was an out of state resident even if they offered some kind of semblance to an out of state resident.”
“So it was basically impossible for Miss Gardner to get a Maryland license.”
So Maryland arrested Gardner for not possessing a license that they never would have allowed her to obtain.
Hopefully the Supreme Court will take up the case and remind deep blue states that Second Amendment rights are not optional.
The Colorado Supreme Court goes full TDS, IDF blows more Hamas tunnels, more unconstitutional gun laws are struck down, and news about two different Francises. It’s the Friday LinkSwarm!
The big news this week is that the Colorado Supreme Court got way, way, way out over their skis by kicking Donald Trump off the 2024 ballot despite him not being convicted of any crimes.
The Colorado supreme court on Tuesday ruled that former president Donald Trump is ineligible to appear on the state’s ballot in the 2024 presidential election.
In a 4–3 ruling, the court held that Trump’s presence on the ballot “would be a wrongful act under the Election Code,” arguing that the former president is disqualified from holding the presidency under Section 3 of the 14th Amendment.
“The Israel Defense Forces (IDF) destroyed a vast network on underground tunnels inside Gaza City this week that belonged to top Hamas terrorist officials. Yahalom Unit Combat Engineering Forces discovered Hamas’ “Elite Quarter” on Wednesday, including “a large network of strategic underground tunnels which connect hideouts, and bureaus belonging to Hamas’ senior military and political leadership,” the IDF said in a statement.”
It blew up real good:
IDF destroyed a Hamas central tunnel system in Gaza city, and the explosion is spectacular. pic.twitter.com/yC3QIggskY
“Oklahoma bans DEI requirements at public colleges and universities, requires cuts to ‘non-critical personnel.’ Oklahoma Governor Kevin Stitt announced the mandate Wednesday, citing a need to spend more money on preparing young Oklahomans for the workforce, and less on ‘six-figure salaries to DEI staff.'” Faster, please. (Hat tip: Instapundit.)
On Wednesday, a federal judge blocked a California law that would have banned the carrying of firearms in many public places, calling the legislation “sweeping, repugnant to the Second Amendment, and openly defiant of the Supreme Court.”
According to Fox News, US District Judge Cormac Carney granted a preliminary injunction blocking the law, adding that it removes people’s ability to defend themselves and their families.
The law was signed into law in September by Democratic Governor Gavin Newsom and was scheduled to go into effect on Jan. 1. The legislation banned people from carrying concealed firearms in places such as public parks, playgrounds, and religious institutions, regardless if they have a concealed weapon carry permit or not.
Chuck Michel, president of the California Rifle and Pistol Association, which sued to block the law, said in a statement, “California progressive politicians refuse to accept the Supreme Court’s mandate from the Bruen case and are trying every creative ploy they can imagine to get around it. The Court saw through the State’s gambit.”
He added that if that law had gone into effect, permit holders “wouldn’t be able to drive across town without passing through a prohibited area and breaking the law.”
Gay has been credibly accused of more than 40 acts of plagiarism during her tenure at Harvard – which the university secretly investigated, threatened journalists over, and ultimately concluded was no big deal – clearing her of breaching Harvard’s “standards for research misconduct.”
The Times, looking at just five examples of Gay’s plagiarism, wrote: “her papers sometimes lift passages verbatim from other scholars and at other times make minor adjustments, like changing the word “adage” to “popular saying” or “Black male children” to “young black athletes.””
One rule for the elite, another for you…
“Investigators Beginning To Suspect Claudine Gay’s Novel ‘Larry Potter And The Sorcerer’s Rock’ May Have Been Plagiarized.”
Returning convicted defense contractor Leonard “Fat Leonard” Francis to U.S. custody as part of the Venezuelan prisoner swap on Wednesday is the latest twist in a decade-long salacious saga and bribery scheme that swept up dozens of American Navy officers.
One of the biggest bribery investigations in U.S. military history led to the conviction and sentencing of nearly two dozen Navy officials, defense contractors and others on various fraud and corruption charges. And it was punctuated by Francis’ daring escape last year, when he fled from house arrest at his San Diego home to South America.
An enigmatic figure who was 6-foot-3 and weighed 350 pounds at one time, Francis owned and operated his family’s ship servicing business, Singapore-based Glenn Defense Marine Asia Ltd. or GDMA, which supplied food, water and fuel to vessels. The Malaysian defense contractor was a key contact for U.S. Navy ships at ports across Asia for more than two decades. During that time he wooed naval officers with Kobe beef, expensive cigars, concert tickets and wild sex parties at luxury hotels from Thailand to the Philippines.
In exchange, the officers, including the first active-duty admiral to be convicted of a federal crime, concealed the scheme in which Francis would overcharge for supplying ships or charge for fake services at ports he controlled in Southeast Asia. The officers passed him classified information and even went so far as redirecting military vessels to ports that were lucrative for his Singapore-based ship servicing company.
In a federal sting, Francis was lured to San Diego on false pretenses and arrested at a hotel in September 2013. He pleaded guilty in 2015, admitting that he had offered more than $500,000 in cash bribes to Navy officials, defense contractors and others. Prosecutors say he bilked the Navy out of at least $35 million. As part of his plea deal, he cooperated with the investigation leading to the Navy convictions. He faced up to 25 years in prison.
While awaiting sentencing, Francis was hospitalized and treated for renal cancer and other medical issues. After leaving the hospital, he was allowed to stay out of jail at a rental home, on house arrest with a GPS ankle monitor and security guards.
An Austin, Texas Democrat politician is demanding police step up their patrols in his neighborhood despite previously voting to defund them.
Yes, in the latest example of ‘Do as I say not as I do,’ Representative Greg Casar now says that he wants more police for at least the next week. It’s unclear why the Congressman wanted the extra police.
The Austin Police Retired Officers Association however did not hold back and called out the Congressman’s sudden change of tone.
“We want everyone in Austin to feel safe, but this seems to us as the height of hypocrisy from the congressman. Maybe he should hire private security like his fellow squad members do. Sure seems like he wants the police in his neighborhood just not yours,” the ROA tweeted out.
Snip. “In 2020, Casar couldn’t hold back how happy he was when he helped the Austin City Council reduce the Austin Police Department’s budget by over $100 million.” (Previously.)
Good: A fat Christmas duck roasting in your oven. Bad: A fat duck roasting in your engine right after takeoff. “Do you need an emergency vehicle?” “We need everything you have.” This was two days ago.