"THOMAS, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion and order denying motions to intervene shall not be cited as precedent by or to any court of the Ninth Circuit."
In the Ninth, that means the case will be reheard by a panel of ten randomly-chosen judges (out of around 28 active duty ones) plus the chief judge.
She's not one of those who would blame the neighbor for shooting her son, who was the drug-demented attacker.
"Mendez is now beginning a painful recovery.
She's also mourning the loss of a son she feels she truly lost to crystal meth, not the man who pulled the trigger. "There was nothing else you could have done," Mendez said she wants her neighbor to know. "And as sad as I am to lose my boy, you did the right thing. And I thank you for my life."
From an article in the Idaho Statesman (which cites Clayton Cramer and John Lott).
Between 1986 and the present days:
States prohibiting concealed carry, with no licenses to do so available, shrank from 16 to 0.
States allowing permits on a discretionary "may issue" basis shrank from 25 to 9.
States allowing permits on a "shall issue" basis rose from 8 to 36.
States allowing concealed carry with no permit rose from 1 to 5.
All this over a period when both total homicides and gun homicides have fallen by about half.
As a publicity ploy, "States United to Prevent Gun Violence" (an astroturf group created by Bloomberg) sets up a fake gun store in New York City, with seemingly real guns hanging on the walls. But not too long ago, New York City announced:
"Early in 2009, New York State Attorney General Andrew Cuomo sent letters ordering over 100 retailers to stop selling toy guns that weren't properly marked as imitations. Warnings went to manufacturers, local stores, and national retailers like Big Lots, Dollar Tree and Dollar General. Investigators visited dozens of stores throughout New York and found that most sold toy guns that didn't comply with the state law.
Toy guns can't be sold in New York City unless they are colored bright green, blue, red or another neon color. Over the past seven years, city officials have seized over 7,200 illegal toy guns from stores and levied $2.4 million in fines. Retailer Party City paid a record $500,000 in fines for 800 violations of the city's toy gun law.
New York City passed even tougher toy gun laws to take effect in 2010. Fines for selling illegal toy guns will go from $1,000 to $5,000 for a first offense and up to $8,000 for repeat offenses. It'll also be easier for the City to temporarily close stores that continue to break the law.
Toy Guns Can Be Deadly"
As usual, there is one set of laws for those who have connections, and another set of laws for everyone else.
Joshua Prince has an interesting post. The key is that the NFA says a "person" may register and pay taxes on an MG, and 18 U.S.C. §922(o) says a "person" may not possess a post-ban MG, but the two statutes have different definitions of "person." An unincorporated trust is a person within the definition of NFA, but is not a person within the definitions of the GCA, which govern §922(o).
Story here. My friend Phil Murphy had a similar experience. He held a burglar at gunpoint until police arrived. The local media did interview him. He mentioned that he'd used an AR, and, strangely, the story never saw the light of day.
Plaintiffs sue Harrisburg, PA, in state court, over its gun restrictions (I assume on preemption grounds). Harrisburg files a removal to Federal District Court (I assume some Federal legal issue was involved, don't know the details). But the removal motion omits one plaintiff, so plaintiffs' attorney Joshua Prince files for default judgment in state court, in the plaintiff's name, since the city never answered the complaint. He reportedly gives notice to Harrisburg (some rules require giving advance notice of an intent to take a default judgment) and the city ignores it. So he takes a default judgment for $20,000 plus.
Now the city wakes up and moves to set aside the default judgment. That's possible, but if the PA rules are like the federal ones, it's a heavy burden of proof. And the first question is going to be "he gave you written notice, well in advance, that he would take a default ... why didn't you object then, or move to add this plaintiff to your removal motion?"