Chicago Screwing Around with SAF Case

There has been some Shenanigans happening in the case of Ezell v. Chicago. Ezell is the case that challenges Chicago’s prohibition on shooting ranges on both First and Second Amendment grounds.

Alan Gura is the attorney in this case, and I’m fortunate to have seem seen some of the transcripts from this case so far. In short, here’s what’s going on. Everyone was playing nice with each other until Chicago filed a Motion to Reassign for Relatedness, suggesting that Ezell is close enough to Benson (NRA funded case) they ought to be heard by the same judge. Gura perceived this as a delaying tactic, and retaliated by filing for a Temporary Restraining Order (TRO), asking the court to stop the city from enforcing the range ban until the preliminary injunction is ruled on. The standard for this would seem to be irreparable harm.

Short of it is that the judge denied to TRO, using an intermediate scrutiny standard. I should note that from the transcripts, he denied without prejudice, which means the plaintiff is still free to raise the argument that strict scrutiny ought to be the standard later in the case. The judge seems to have an open mind, and a desire to take the issue seriously, which is why I would imagine Chicago would like to get this case reassigned.

I would be bad if Ezell were eventually consolidated with Benson. They are very different cases, Ezell is narrow, and the other very broad. I don’t think it would be wise to put all our eggs in one very broad basket, with lots of issues for the Court to consider.

On the Harry Reid Non-Endorsement

By now, I think you’ve all heard the news that Harry Reid will not be getting an endorsement from NRA this election cycle. They didn’t come straight out and say it, but it appears the Sotomayor and Kagan votes are being graded heavily.

It would have been hard to defend an endorsement after the Kagan vote. NRA detractors certainly would have made that argument and they would have had a good point.

Update on Korean M1 Situation

Over at SayUncle. Looks like they are lend lease rifles, and the reason Korea can’t sell them is because they don’t own them. They can be returned to the United States, where they would be turned over to the CMP to be sold. Sounds like a happy ending to me.

No Sense of Humor? Or Clamoring for Relevance?

CeaseFirePA are such a cheery bunch, telling we lawful gun owners how every time I pull the trigger, a kitten dies, or something like that. Now they are angry at Pat Toomey, who made the old joke that he thinks gun control is steady aim, and are claiming it shows he’s insensitive to victims of gun violence.

Because we all know the way you respect victims of gun violence is to support gun control. Locking up criminals who perpetrate gun violence? Can’t have that. But passing a Lost and Stolen ordinance will surely do the trick!

Does EPA Have the Authority?

The Black Bear Blog thinks not, largely because the TSCA exempts any product subject to the Internal Revenue Code, which ammunition is among. I’ve also skimmed the Toxic Substances Control Act a bit, and it’s hard to see how it grants authority to ban lead ammunition. Certainly they could put a lot of requirements on manufacturers, but based on my cursory examination, I’m not sure the authority is there at all. But I did not examine the law in great detail.

Thanks to Camo Underground for the pointer.

California Crashin’

SayUncle reports on how companies that he’s worked for have saved significant money moving their operations out of California. This is certainly not going to help to restore California’s slumping housing prices. California is still the home for high-tech jobs, however, but one thing (other than their crappy gun laws) that’s prevented me from moving there is the fact that housing was unaffordable, and the salary differential was never high enough to justify the wildly inflated cost of living. I’ve never understood why tech jobs aren’t fleeing California by the busload and headed for greener pastures, like Austin.