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Showing posts with label federal court. Show all posts
Showing posts with label federal court. Show all posts

Friday, January 24, 2025

Navajo Nation Sues Over Chaco Canyon Protections

Above, ancient pueblo Indian ruins at Chaco Culture National Historical Park. Photo by Armand Vaquer.
The Navajo Nation is taking advantage of the change in presidential administrations by filing a lawsuit against the Department of the Interior in federal court over Chaco Canyon.

According to E & E News:

The Navajo Nation is heading to federal court to challenge a long-standing freeze on fossil fuel and mineral development within New Mexico’s Chaco Canyon.

The lawsuit filed last week in federal court in New Mexico challenges the Biden administration’s 2023 decision to withdraw federal lands within a 10-mile radius of the Chaco Culture National Historical Park, a UNESCO World Heritage Site that is home to thousands of historical and spiritual artifacts. The move received strong support from the Pueblo and Hopi tribes.

The Navajo Nation alleged the Interior Department made its decision without properly consulting with its members about the economic consequences for tribal communities that are already facing financial hardship. 

To read more, go here

Friday, November 3, 2023

Judge Overturns California State Ban On Gun Shows

Above, a recent gun show in Gallup, New Mexico. Photo by Armand Vaquer.

Years ago (around 30 years ago), the Los Angeles County Board of Supervisors banned gun shows at county-owned facilities. This ban directly affected the popular Great Western Gun Show that was held at the Fairplex (Los Angeles County Fairgrounds) in Pomona.

We fought this ban, but were unsuccessful.

The state of California enacted a similar law. Now, a judge overturned this ban. 

From the Los Angeles Times:

It’s been two years since the Orange County fairgrounds hosted a gun show — due to a law prohibiting firearm and ammunition sales on the state-owned property that opened the door to a statewide ban — but that could soon change.

A federal judge this week granted a preliminary injunction overturning Senate Bill 264, which prohibited gun shows at the Costa Mesa fairgrounds beginning in 2022, and Senate Bill 915, which extended the prohibitions to all state-owned lands this January.

The order halts the statewide ban and calls upon operators of the county fairgrounds to immediately resume scheduling legal gun shows at the site.

To read more, go here

Saturday, October 7, 2023

Gov. Lujan Grisham Defies Court... Again


The governor of New Mexico, Michelle Lujan Grisham, has proven time and again that she has no respect for the rule of law, the constitution and couldn't give a rat's ass about court orders. Again, she is defying the court in reissuing her "health orders" on guns.

Accordingly, she needs to be removed from office. She is currently facing impeachment proceedings. As of now, over 30 legislators are calling for her impeachment and removal from office. 

From the Piñon Post:

Gov. Michelle Lujan Grisham has again extended her anti-gun executive orders, introducing a renewed order that includes updated measures to curb access to firearms. Her past two executive orders were stricken down by a Joe Biden-appointed judge, forcing her to rewrite them again and release them via her New Mexico Department of Health Secretary Patrick Allen.

The renewed order now mandates the Department of Public Safety to organize gun buy-backs. Within the next 30 days, buy-back events will be held in Albuquerque, Española, and Las Cruces to attempt to further disarm the populous.

Lujan Grisham continues to face impeachment calls from 31 legislators, being led by Reps. Stefani Lord (R-Sandia Park) and John Block (R-Alamogordo), who have begun a certification petition process for an extraordinary impeachment session. 

To read more, go here

Friday, September 15, 2023

Grisham Modifies Stayed Order To Skirt Around Fed Judge's Stay


The woman either is not too bright or she is just plain evil.

New Mexico Gov. "Malevolent Michelle" Lujan Grisham held a press conference to announce that she's modifying her health order of last week after it was stayed by a federal judge.

From the Piñon Post:

On Friday, Gov. Michelle Lujan Grisham called a press conference in Bernalillo County, where she attacked Republicans critical of her unconstitutional orders while announcing she is changing the public health order released last Friday.

The move came one week after she signed an illegal order to unilaterally usurp New Mexicans’ gun rights, where she said no rights and even her oath are not “absolute.”

On Wednesday, a Joe Biden-appointed federal judge struck down her order.

The Santa Fe New Mexican reported on the conference:

But, she said at the news conference, “We have removed the requirement that open and concealed carry cannot occur until the public health order has been removed or extended anywhere in the city.”

She added the ban on carrying firearms, open or concealed, will remain in place at parks and playgrounds where families and children gather. 

Lujan Grisham acknowledged last week the gun ban would face legal challenges. Most recently, the National Rifle Association and Republican lawmakers in New Mexico filed a lawsuit Thursday in the state Supreme Court. 

Modifying the original stayed order does not make any of it legal. All facets of the stayed order remain in effect. This is just a ploy to skirt around the federal judge's stay. 

It is obvious that she does not respect the court or their decision. She needs to be impeached and removed from office. She cannot be counted on to follow the law.

To read more, go here

Wednesday, September 13, 2023

Governor's Gun Ban Blocked By Federal Judge


Opponents of Gov. Michelle Lujan Grisham's ban on open and concealed firearms carry in Bernalillo County scored a victory when a federal judge imposed a temporary stay.

The Daily Caller reported:

A federal judge temporarily blocked Democratic New Mexico Gov. Michelle Lujan Grisham’s public health order banning the carrying of guns in public, according to Reuters.

U.S. District Judge for the District of New Mexico David Urias, a Biden appointee, found the order to be unconstitutional, Reuters reported. Grisham issued the 30-day public health order banning the right to open or conceal carry guns in Albuquerque and Bernalillo County on Friday.

To read more, go here

Friday, May 12, 2023

Banning Gun Sales To American Adults Aged 18-20 Is Unconstitutional


Some good news has come from the state of Virginia.

A federal judge ruled that limiting gun sales to citizens 21 years and up is unconstitutional. If it is not overturned, that settles that matter.

AOL News posted:

RICHMOND, Va. (AP) — A federal judge in Virginia has ruled that a law banning licensed federal firearms dealers from selling handguns to young adults under 21 violates the Second Amendment and is unconstitutional.

The ruling by U.S. District Court Judge Robert Payne in Richmond, if not overturned, would allow dealers to sell handguns to 18- to 20-year-olds.

In his 71-page ruling, Payne wrote that many of the rights and responsibilities of citizenship are granted at the age of 18, including the right to vote, enlist in the military without parental permission and serve on a federal jury.

“If the Court were to exclude 18-to-20-year-olds from the Second Amendment's protection, it would impose limitations on the Second Amendment that do not exist with other constitutional guarantees,” Payne wrote. 

“Because the statutes and regulations in question are not consistent with our Nation’s history and tradition, they, therefore, cannot stand," he wrote. 

To read more, go here

Tuesday, March 21, 2023

Fed Judge Blocks Parts of California Gun Law


A federal judge blocked key provisions of a California gun law, ruling them as violating the Second Amendment.

The Associated Press reported:

LOS ANGELES (AP) — A federal judge on Monday blocked key provisions of a California law that drastically restricts the sale of new handguns in the state, saying parts of the legislation violate the Second Amendment.

A lawsuit challenging the law was filed last year by the California Rifle & Pistol Association and other gun rights supporters following a landmark 2022 decision from the U.S. Supreme Court that set new standards for evaluating firearm restrictions. The ruling left many laws aimed at regulating and limiting the sale and use of guns — in California and nationwide — at risk of being struck down.

U.S. District Court Judge Cormac Carney, sitting in Santa Ana, wrote Monday that California’s requirements for new handguns are unconstitutional and cannot be enforced. Because of these restrictions, Carney wrote, no new models of semiautomatic handguns have been approved for sale since 2013 and Californians are forced to buy older and potentially less safe models.

I am wondering when a lawsuit will be filed against New Mexico's H.B. 9 law that was just signed by Gov. Lujan Grisham.

To read more, go here

Monday, February 6, 2023

Judge: Pot Users Have Right To Own Firearms

Marijuana users have a constitutional right to own firearms, a federal judge in Oklahoma City ruled.

From Fox News:

A federal judge in Oklahoma ruled Friday that a law barring marijuana users from owning firearms is unconstitutional. 

The ruling is the latest challenge to firearms regulations after the U.S. Supreme Court's conservative majority set new standards for reviewing the nation's gun laws.

U.S. District Judge Patrick Wyrick in Oklahoma City dismissed an indictment against Jared Michael Harrison, who was charged in August with violating a federal law that makes it illegal for "unlawful users or addicts of controlled substances" to possess firearms.

To read more, go here.

Sunday, August 14, 2022

2nd Amendment Foundation Sues California Over Gun Show Ban


California, that state that is under total control by left-wing Democrats, has been trying to chip away at citizens' Second Amendment rights. This includes the right to assemble at gun shows.

A federal lawsuit has been filed against a senate bill banning gun shows in public property. 

AmmoLand reported:

BELLEVUE, WA – -(AmmoLand.com)-The Second Amendment Foundation has filed a federal lawsuit challenging California’s Senate Bill 264, a ban on gun shows held on public property that was passed and signed into law by Governor Gavin Newsom.

Joining SAF are the California Rifle & Pistol Association, Inc. B&L Productions, Inc., d/b/a Crossroads of the West; Gerald Clark; Eric Johnson; Chad Littrell; Jan Steven Merson; Inc; Asian Pacific American Gun Owners Association; and the Second Amendment Law Center, Inc. The case is known as B&L Productions v. Newsom.

SAF is represented by noted civil rights attorney Donald Kilmer, who successfully represented SAF in overturning the ban on gun shows at the Del Mar Fairgrounds in San Diego County, where the defendants were ordered to pay plaintiffs close to half-million dollars in combined damages and attorney fees

Named as defendants in this case are California Gov. Gavin Newsom in his official capacity as Governor of the State of California, Attorney General Robert Bonta in his official capacity as Attorney General of the State of California, Karen Ross, in her official capacity as Secretary of California Department of Food & Agriculture, and Todd Spitzer, in his personal and official capacity as District Attorney of Orange County. The 55-page federal complaint was filed in U.S. District Court for the Central District of California.

To read the full article, go here.

Monday, April 18, 2022

Florida Judge Voids Mask Mandate On Public Transportation

Above, yours truly aboard an Amtrak train in 2020.

A Florida federal judge voided the public transportation mask mandate.

This is both a victory for limited government and the constitutional checks and balances the framers intended.

According to AOL News:

ST. PETERSBURG, Fla. (AP) — A federal judge in Florida has voided the national mask mandate covering airplanes and other public transportation as exceeding the authority of U.S. health officials in the coronavirus pandemic.

The decision Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa, an appointee of former President Donald Trump, also said the Centers for Disease Control and Prevention improperly failed to justify its decision and did not follow proper rulemaking.

In her 59-page ruling, Mizelle said the only remedy was to vacate the rule entirely across the country because it would be impossible to end it for the limited group of people who objected in the lawsuit.

The judge said “a limited remedy would be no remedy at all” and that the courts have full authority to make a decision such as this — even if the goals of the CDC in fighting the virus are laudable.

Since I have a trip coming up this year by airplane, this is definitely welcome news. I have flown when the wearing of masks were mandatory for the entire flight. Not fun!

To read more, go here.

Tuesday, December 22, 2020

Gun Rights Groups Challenge California’s One-Gun-Per-Month Restriction


To paraphrase that famous line from the movie Chinatown: Forget it Jake, it's California!

Several pro-Second Amendment groups are challenging Commiefornia's one-gun-per-month law in federal court.

According to AmmoLand:

U.S.A. –-(AmmoLand.com)- A coalition of gun rights organizations including the Second Amendment Foundation and Firearms Policy Coalition, Inc. are asking a federal court in California for an injunction against enforcement of the state’s one-gun-per-month restriction on the grounds that it violates the Second Amendment.

Joining SAF and FPC are the San Diego County Gun Owners PAC, North County Shooting Center, Inc., PWGG, L.P., a California Limited Partnership, and six private citizens, Michelle Nguyen, Dominic Boguski, Jay Medina, Frank Colletti, John Phillips and Darin Prince, according to the court document obtained by AmmoLand News.

The 43-page complaint names California Attorney General Xavier Becerra and Luis Lopez, director of the state Department of Justice, Bureau of Firearms in their official capacities as defendants. The lawsuit was filed in U.S. District Court for the Southern District of California in San Diego. The case is known as Nguyen v. Becerra.

To read more, go here.

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