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Delaware News / Delaware District Gets It Wrong
« Last post by MarcWinkman on Today at 01:09:52 PM »
Well gang, the Delaware District Court got it wrong again.  This time with the denial of Hunter Biden's challenge to the charge for possessing a firearm as an unlawful user of controlled substances. As you may recall, last year, the Fifth Circuit Court of appeals decided the case of United States v. Daniels which held 18 U.S.C. Section 922(g)(3) unconstitutional as applied.  Section 922(g)(3) is the one that says a person may not possess a firearm if they are an unlawful user of controlled substances.  In that case, the defendant was stopped for a minor traffic violation and was found to be in possession of a de minimis quantity of marijuana, a pistol, and a rifle.  He was convicted under Section 922(g)(3) and later appealed to the Fifth Circuit which reversed and vacated the conviction as Section 922(g)(3) was unconstitutional as applied.  In the Biden case, the attorney got a bit too ambitious and argued that Section 922(g)(3) is facially unconstitutional, and by using rather lazy analogical analysis under Heller and Bruen, the presiding Delaware District Court judge denied the motion without prejudice.  While this is a bit of a set back, it left the door open for an as applied challenge at the close of the Government's case in chief.  Stay tuned for more.  If anyone wants to look over the opinion, I can link it here in a reply. 
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NRA & National Gun News / Re: Attack on Judge Benitez
« Last post by Clarence on May 07, 2024, 02:44:18 PM »
Thanks Marc.    We so much appreciate your input here.
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NRA & National Gun News / Re: Attack on Judge Benitez
« Last post by MarcWinkman on May 07, 2024, 11:40:13 AM »
The left is indeed trying to stifle his rulings, but they're also trying to do so by throwing the proverbial poo at the wall to see what sticks.  If they had half a brain between them all, they'd know that having a United States District judge voluntarily recuse himself from criminal proceedings would accomplish the opposite of their goal with respect to advancing gun control measures.  If they were smart (and they're not), they'd have found a way to have him recuse himself from presiding over civil cases.  Fortunately for us, the left has made their bed and now they've got to sleep in it given that United States District judges are appointed to a life term.  It would take far more serious misconduct for a judge to be removed from the bench.
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Delaware Concealed Carry Information / Re: permit renewal
« Last post by MarcWinkman on May 07, 2024, 11:35:13 AM »
By no one's fault but my own, I completely forgot this is a renewal year for me.  I dropped my renewal off at the Prothonotary's office yesterday morning after my  calendar finished.  I'll keep a clocked in copy of the application and receipt in me car.  We shall see how long this takes on a "late" renewal application.
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NRA & National Gun News / Re: Attack on Judge Benitez
« Last post by Just Bill on May 07, 2024, 11:31:05 AM »
Thanks, Mark, for your observation.  But as seems the course, the left is trying to stifle his opinion and put him in his place.
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NRA & National Gun News / Re: Attack on Judge Benitez
« Last post by MarcWinkman on May 06, 2024, 02:13:25 PM »
Believe it or not, this bodes well for 2A litigants.  Federal Judges are assigned to handle both criminal and civil cases, given that Judge Benitez has voluntarily agreed not to preside over criminal proceedings given the accusations, it places him in civil land.  Keep in mind that most 2A cases are civil rather than criminal.  This is one where the antis stepped in it because they got over ambitious.
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NRA & National Gun News / Attack on Judge Benitez
« Last post by Clarence on May 02, 2024, 02:32:25 PM »
Judge Roger Benitez of the 9th Federal Circuit has been disciplined and sanctioned to trying to send a message to the at risk daughter of a defendant. 

Judge Benitez has consistently upheld second amendment rights in the liberal ninth circuit and he is despised by the enemies of freedom.

Obviously  this sanctioning is meant to stifle Judge Benitez.



https://www.cbs8.com/article/news/local/san-diego-federal-judge-disciplined-for-misconduct/509-c3af0abe-2891-48da-8484-ee383e049112
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Delaware News / Re: ...And Another Piece of Horrible Proposed Legislation
« Last post by slsharp on May 02, 2024, 02:13:28 PM »
Ok, so I read the bill, and it doesn't say anything like, 'the purpose of this bill is to prevent suicide'.  I would add an amendment requiring all Democrats must sign up.
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Delaware News / Re: ...And Another Piece of Horrible Proposed Legislation
« Last post by MarcWinkman on May 02, 2024, 10:55:37 AM »
I would ad an amendment to allow someone to ban themselves from being on a high bridge.  Or owning a piece of rope.

Also ban themselves from owning a knife, scissors, and most over the counter cold medications.
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Delaware News / Re: ...And Another Piece of Horrible Proposed Legislation
« Last post by Clarence on May 01, 2024, 02:38:56 PM »
I would ad an amendment to allow someone to ban themselves from being on a high bridge.  Or owning a piece of rope.
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