Judge Blocks Law Against High-Capacity Gun Magazines in California

A federal judge has stopped a voter-approved law that would have forced gun owners to surrender magazines that hold more than 10 bullets.

Californians voted Prop. 63 into law last year, outlawing the high-capacity magazines, requiring background checks of people who buy ammunition and imposing other gun restrictions. Judge Roger Benitez said the bullet ban went too far.

Supreme Court Botches 2nd Amendment Opportunity, But Congress Poised to Act

This week, the Supreme Court blew a critical opportunity to interrupt the ongoing assault by states like California against Second Amendment rights. 

Scratch that.  Chief Justice John Roberts and Justices Anthony Kennedy and Samuel Alito, all of whom joined the landmark D.C. v. Heller majority affirming the individual right to keep and bear arms, blew the opportunity.  Justices Thomas and Gorsuch would've heard the case. 

The opportunity in question was Peruta v. California, a prototypically defective Ninth Circuit decision condoning a California law that not only infringes upon the Second Amendment right to keep and bear arms, but nearly eliminates it. 

Under California law, citizens cannot openly carry handguns outside of their homes, whether loaded or unloaded.  Accordingly, concealed carry is the only alternative means by which someone can possess a handgun outside the home.  Unfortunately, California law only allows concealed carry upon demonstrating "good cause" to the satisfaction of county authorities empowered to grant permits. 

In Peruta, the San Diego County Sheriff imposed an extremely restrictive interpretation of "good cause," demanding that applicants show a "particularized need for self-defense that differentiates the applicant from the ordinary citizen." 

It Would Have Been a Massacre

The horrifying scene at a practice field in Alexandria, Virginia, at which Congressman Steve Scalise was shot in a shocking flurry of gunfire, could have been much worse. Rand Paul pointed out that “it would have been a massacre” had a member of the House leadership not been there. His presence guaranteed that the heavily armed Capitol Police could take him down. Many others present expressed similar feelings. They were sitting ducks.

Government Hype Helps Terrorists

John Kelly, the secretary of homeland security, seems to be moonlighting as a publicist for ISIS. How else to explain his fearmongering warnings about terrorism on Fox News last Friday?

Officer gives customer a ticket for cracked windshield in the parking lot of windshield repair shop

In a world of black and white laws, citizens count on police officers and judges to see the shades of grey in between. Some officers may consider the context of an offense before delivering a charge or citation. The cop in this story wasn’t one of them.

Florida Man Jailed 180 Days for Not Giving Police His iPhone Password

Yesterday a circuit court judge in Broward County, Florida, sent 41-year-old Christopher Wheeler to jail for 180 days because he wouldn't give police his iPhone password. Wheeler, who is charged with aggravated child abuse, insisted that he did give them his password. But the cops say the password he provided doesn't work, and that Wheeler therefore hasn't complied with their request. This, the judge decided, put him in contempt of court.

Meanwhile, another Florida circuit court judge—this one in Miami-Dade County—issued a rather different ruling in the case of a couple accused of extorting a social media celebrity over a sex tape. They would not be held in contempt of court for failing to share a phone's password, the judge decided, because there's no way to prove that they couldn't remember their password.

Court to Grandma: You Shouldn't Lose Your House Just Because Your Dumb Son Sold Some Weed There

Four years after the Philadelphia District Attorney seized her house without ever charging her with a crime, a 72-year-old grandmother has prevailed at the Pennsylvania Supreme Court, where justices strengthened protections for property owners against civil asset forfeiture.

Supreme Court Rules 8-0 for Police in Major Fourth Amendment Case

In 2002 the U.S. Court of Appeals for the 9th Circuit said that the lawful use of deadly force by the police may be ruled unlawful if the police themselves "created the need to use force" by acting in an illegal manner. "Where an officer intentionally or recklessly provokes a violent confrontation, if the provocation is an independent Fourth Amendment violation," the 9th Circuit held in Billington v.

'ATF should better adhere to its policies': GAO

From the report:

Secret court rebukes NSA for 5-year illegal surveillance of U.S. citizens

U.S. intelligence agencies conducted illegal surveillance on American citizens over a five-year period, a practice that earned them a sharp rebuke from a secret court that called the matter a “very serious” constitutional issue.

The criticism is in a lengthy secret ruling that lays bare some of the frictions between the Foreign Intelligence Surveillance Court and U.S. intelligence agencies obligated to obtain the court’s approval for surveillance activities.

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