SCOTUS AND FEDERAL CIRCUIT COURT SHOWDOWNS

SCOTUS and the Federal Circuit Courts’ showdowns are in the making. Anytime the Federal Circuit Courts rule differently on the same legal issues, it can set a precedent, compelling the Supreme Court of The United States (SCOTUS) to intervene and sort out the real Constitutional answer. 

18 TO 20-YEAR-OLDS ARE LEGAL ADULTS!

The 8th Circuit Court has ruled as Stephen Halbrook wrote on Reason.com; read it here.

“Anyone hoping that the Supreme Court’s Rahimi decision (which I analyzed here) would represent a roll-back in recognition of Second Amendment rights must be in for a surprise with the Eighth Circuit’s decision in Worth v. Jacobson.  Authored by Judge Duane Benton, the court affirmed the decision of the district court. It held that Minnesota’s limitation of gun carry permits to persons 21 years or over violates the right to bear arms of persons aged 18-20.”

This ruling affects Iowa as it is in their Jurisdiction.

9th “CIRCUS” STEPS IN IT AGAIN

The recent very Pro-2A Duarte non-violent felon in possession conviction decision out of the 9th Circuit Court ruled as follows as reported by the LawCommentary: 

“It shall be unlawful for any person who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year…to…possess…any firearm…” – Unlawful Acts, 18 U.S Code §922 (g) (1).

But should it be? Stuart Duarte, a man with five California criminal convictions, all non-violent and all punishable by more than one year, challenged the Unlawful Acts section of the U.S. Code cited above, arguing that his constitutional rights had been violated. The Ninth Circuit ruled on May 9 that Duarte, even though an ex-felon, is still a person, and thus the application of 18 U.S. Code §922 (g) (1) is unlawful under the Second Amendment.”

This case sets up a court split and opposes portions of the United States v. Rahimi decision I wrote about just a few weeks ago. You can read that here. 

We know it’s bad when a Federal Judge calls out his or her fellow Judges. In this example, Judge Lawrence VanDyke did just that recently when his great ruling in a 2A Duarte case was taken up en blanc by the entire 9th Circuit out West, as reported by Newsweek. 

“In the Ninth Circuit, if a panel upholds a party’s Second Amendment rights, it follows automatically that the case will be taken en banc. This case bends to that law. I continue to dissent from this court’s Groundhog Day approach to the Second Amendment,”

The last thing we can have is that anyone should have 2A Rights in the 9th Circus! VanDyke further writes:

“In this circuit, you could say that roughly two-fifths of our judges are interested in faithfully applying the totality of the Supreme Court’s Second Amendment precedent when analyzing new issues that have not yet been directly addressed by the Court. The other 17/29ths of our bench is doing its best to avoid the Court’s guidance and subvert its approach to the Second Amendment. That is patently obvious to anyone paying attention,”

CAN THE NATIONAL FIREARMS ACT BE DISMANTLED? 

Willian Kirk at Washington Gun Law makes a compelling case for how the Biden DOJ has painted itself into a corner on short-barreled rifles and how effectively Federal Public Defenders in the United States v. Robinson, challenged the constitutionality of the NFA’s inclusion of short-barrel rifles. The ATF’s attempt to classify all pistols with attached stabilizing braces as SBRs has trapped the DOJ. 

I’ll keep you updated on these cases as they advance in the courts.

As mentioned previously, we don’t have to overcome a bad decision out of SCOTUS, so it’s slightly easier (but not quicker) for the Pro-2A side in America to keep putting up these wins. Like IFC’s incremental approach to recovering our freedoms, the legal battles are also fought incrementally. 

Please stay Ready at All Times, and help us defend all of Iowa’s rights by donating to IFC-PAC today. Those small recurring monthly donations of $10, $25, or $100 make a huge difference in our ability to get the message of freedom out there.

Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.

Dave Funk
President
Iowa Firearms Coalition