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Name: Sean
Gender: Male
Hometown: Asheville NC
Home country: USA
Current location: Arlington VA
Member since: Sat Jun 27, 2015, 02:01 PM
Number of posts: 2,493

Journal Archives

Supreme Court zaps Massachusetts stun-gun opinion

Today, in Caetano v. Massachusetts, the Supreme Court vacated a decision by the Supreme Judicial Court of Massachusetts that had concluded that the Second Amendment right to keep and bear arms does not apply to stun guns. The Court’s per curiam opinion scolded the Massachusetts court for its failure to apply the proper legal tests under D.C. v. Heller and McDonald v. Chicago, and quite rightly so. The court did not reach the ultimate question of whether stun guns constitute “arms” for Second Amendment purposes, however, instead vacating and remanding the state court opinion.


This is an interesting opinion that is ultimately about the Second Amendment and not just limited to stun guns. First, note that it is per curiam, and presumably unanimous. That means Breyer, et al joined in. This decision reinforces both the viability of Heller and the right to keep and bear arms for the purpose of self-defense. It also disposes of any argument that the Second Amendment only applies to arms that were in existence at the time the Second Amendment was enacted.

Man sentenced for teen’s murder at the ‘cut’ near Woodbridge High School

Kawain Tyrell Smalls, 21, of Woodbridge, pleaded guilty in November to first-degree murder for the Nov. 10, 2014 shooting death of 16-year-old Brenden Wilson.

At an emotional sentencing hearing Monday, Prince William Circuit Court Judge Steven S. Smith sentenced Smalls to 75 years in prison, with 25 years suspended, plus three years of probation.
Conway asked the judge to sentence Smalls to life in prison, with all but 50 years suspended, citing his lengthy criminal record and the seriousness of the crime. Smalls had several prior convictions, including convictions for violent crimes and firearms offenses. He was out on bond, and on house arrest with an ankle bracelet monitoring device at the time of Wilson’s murder Conway said.


I see a lot of comments about the fact that we need stricter gun controls laws and that will help cut down on gun violence. The problem is the criminals determined to commit crimes and who aren't going to worry about whether they should or should not have a firearm. Here we have a guy who was on bond for prior violent offenses and yet still used a firearm to shoot someone 6 times in the back and once in the head. He wasn't deterred by the existing gun laws that barred him from owning a firearm. And he only received a 50 year sentence for taking the life of another in a robbery/shooting when he already had existing violent crime convictions, which to me it too lenient a sentence.

Concealed weapon owner shoots hatchet-wielding attacker in Washinton 7-Eleven

A masked man burst into a 7-Eleven near Seattle early Sunday morning, swinging a hatchet and slicing the store clerk.

Before the masked man could seriously hurt anyone, however, a customer who had been drinking his morning coffee pulled out a concealed weapon and fatally shot the attacker.

Authorities did not name the attacker or the customer, but they did hail the concealed weapon owner as a hero.

“This could have been disastrous,” King County Sheriff Sgt. Cindi West told KIRO 7. “Had this guy not shot, who knows what would have happened. We might have a dead clerk right now, and instead we have a dead bad guy.”


Another example of the fact that guns save lives when used properly. Thankfully we have the Second Amendment.

Son kills his mother’s attacker in Virginia’s Spotsylvania County, police say

A 37-year-old Spotsylvania County man who was attacking his girlfriend was shot and killed by the girlfriend’s son, the county sheriff’s office said.

They said John Conroy, Jr., was killed in a house on Towles Mill Road after an argument escalated and he began physically attacking her in her son’s presence, the sheriff’s office said.

In a statement, the office said the son, who is not related to Conroy, tried to intervene. Based on initial information, the statement said, the son, who is a juvenile, got a gun that had been in the room, and fired several shots. Conroy was hit at least twice, the sheriff’s office said. The son’s age was not given.


Two Potential Losses for Second Amendment Advocates

Two cases that are of interest to those who advocate for the individual right to keep and bear arms are kicking around in my neck of the woods. The first involves the District of Columbia's law that requires a concealed carry applicant to show "good reason" for needing to carry. A federal district court judge ruled yesterday that DC could continue to enforce the law while a lawsuit challenging the law's constitutionality was pending. The plaintiffs immediately appealed to the DC Circuit Court. Story here - https://www.channelone.com/news_post/judge-sides-with-dc-in-ongoing-lawsuit-over-gun-law/

And late last week the Fourth Circuit agreed to an en banc rehearing of a panel decision from a month or so ago that held Maryland's "assault weapon" ban should be reviewed under a "strict scrutiny" standard, the most demanding level of judicial review. Other federal courts have applied a less demanding standard of review and have upheld similar laws. Since the court accepted en banc review I expect it to hold that a less demanding standard applies. Store here - http://www.huffingtonpost.com/entry/assault-weapons-maryland_us_56d9ed4ce4b0000de4048c82

NY Times Editorial re PLCAA

The Times had an editorial a few days ago attacking the PLCAA and arguing in favor of the lawsuit filed by family members of the Sandy Hook victims against Remington. Although this one wasn't completely inaccurate, the Times referred to the weapon used as capable of "rapid burst" fire, which means the Times staff is either being intentionally misleading or isn't doing the research necessary to understand the topic on which they opine.
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