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Posted: 5/31/2022 6:06:06 PM EDT
This was probably already posted in here at some point but I couldn't find a post about it:
https://www.texasattorneygeneral.gov/news/releases/ag-paxton-sues-bureau-alcohol-tobacco-firearms-and-explosives-unlawfully-prohibiting-firearm

Does anyone know how to track lawsuits like this as they progress?

I'm assuming the AG is trying to take this to SCOTUS... may just work.
Link Posted: 6/1/2022 7:53:20 PM EDT
[Last Edit: sj586] [#1]
Link Posted: 6/2/2022 9:56:22 AM EDT
[#2]
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Awesome, thanks!

The googlefu is strong with you


Very interesting to review all the court filings in the case...

Cheers
Link Posted: 6/2/2022 10:15:46 AM EDT
[#3]
It will be.  Lots of people poo pooed this bill and said it wouldn't amount to anything.  Interestingly, lots of same characters said that about the Texas fetal heartbeat / abortion bill - and that got bounced back, unscathed by the Supreme Court to Texas, where the state Supreme Court let it stand.  

You never know what's going to happen in court - except that if someone tells you they know - they're a fool.

Would be nice to have the courts de-Commerce Clause things at an entirely state level, both for firearm stuff but also for other areas as well.  The CC over-interpretation has let the Federal government sink its claws into things that should be left to the states, and should have been, under the concept of Federalism.
Link Posted: 6/6/2022 8:17:34 AM EDT
[#4]
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Originally Posted By 1stID:
It will be.  Lots of people poo pooed this bill and said it wouldn't amount to anything.  Interestingly, lots of same characters said that about the Texas fetal heartbeat / abortion bill - and that got bounced back, unscathed by the Supreme Court to Texas, where the state Supreme Court let it stand.  

You never know what's going to happen in court - except that if someone tells you they know - they're a fool.

Would be nice to have the courts de-Commerce Clause things at an entirely state level, both for firearm stuff but also for other areas as well.  The CC over-interpretation has let the Federal government sink its claws into things that should be left to the states, and should have been, under the concept of Federalism.
View Quote


I've been hopeful for HB957 to bring about some sort of change as well and have experienced much of the same defeatist mentality from 2A supporters... It may still amount to nothing, but how are things expected to change if no one will even try. Hopefully it's not shot down on a legal technicality and the arguments put forth in the filing are answered.
Link Posted: 8/4/2022 8:10:41 AM EDT
[#5]
Interesting motion to dismiss filed by the Federales saying all the arguments we've heard before...
Narrow window to enjoin a tax not met, Texas has no standing, silencers are not firearms/"ARMS" (ie not a second amendment issue)

Amended Complaint after Denial of first Motion to Dismiss
Fed Response with Motion to Dismiss

Waiting on plaintiff response to Fed motion to dismiss.
Link Posted: 8/4/2022 10:54:12 AM EDT
[#6]
Silencers are not arms, which is why they are regulated under the National Firearms Act.
Link Posted: 8/4/2022 12:48:43 PM EDT
[#7]
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Originally Posted By 1stID:

Would be nice to have the courts de-Commerce Clause things at an entirely state level, both for firearm stuff but also for other areas as well.  The CC over-interpretation has let the Federal government sink its claws into things that should be left to the states, and should have been, under the concept of Federalism.
View Quote


This. Probably never happen without a complete overhaul, at which point people would have to be forced to give up the kool-aid.
Link Posted: 8/4/2022 2:09:38 PM EDT
[#8]
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Originally Posted By joemama74:


This. Probably never happen without a complete overhaul, at which point people would have to be forced to give up the kool-aid.
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Originally Posted By joemama74:
Originally Posted By 1stID:

Would be nice to have the courts de-Commerce Clause things at an entirely state level, both for firearm stuff but also for other areas as well.  The CC over-interpretation has let the Federal government sink its claws into things that should be left to the states, and should have been, under the concept of Federalism.


This. Probably never happen without a complete overhaul, at which point people would have to be forced to give up the kool-aid.


The CC is the dirty mob boss that looks like the PTA president most have no idea what he's up to and how.much he really controls things.  If they go the CC route and given the current USSC make up this could get interesting.  The CC underpins almost everything the feds regulate from the epa to OSHA.

If the feds were smart they'd start loosening the grip on things to reduce the chance of a Roe like decision on the CC.  They're not that smart......
Link Posted: 9/20/2022 11:02:45 AM EDT
[#9]
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Originally Posted By 2tired2run:


The CC is the dirty mob boss that looks like the PTA president most have no idea what he's up to and how.much he really controls things.  If they go the CC route and given the current USSC make up this could get interesting.  The CC underpins almost everything the feds regulate from the epa to OSHA.

If the feds were smart they'd start loosening the grip on things to reduce the chance of a Roe like decision on the CC.  They're not that smart......
View Quote


At some point there will be a convention of the states that will rein in the Fed overreach if there is no preemptive action taken beforehand.
Hopefully in my life time... and before any type of hot civil war...

Trial set for late next year for HB957 suit:
SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning Monday, November 13, 2023. Joinder of Parties due by 11/14/2022. Amended Pleadings due by 11/14/2022. Discovery due by 6/16/2023. Motions due by 7/17/2023. Pretrial Order due by 10/19/2023. The court appoints Royal Ferguson as mediator. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 5/17/2023. (Ordered by Judge Mark Pittman on 9/14/2022) (bdb) (Entered: 09/14/2022)
Link Posted: 9/20/2022 4:03:51 PM EDT
[#10]
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Originally Posted By tone_suk1:


At some point there will be a convention of the states that will rein in the Fed overreach if there is no preemptive action taken beforehand.
Hopefully in my life time... and before any type of hot civil war...

Trial set for late next year for HB957 suit:
SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning Monday, November 13, 2023. Joinder of Parties due by 11/14/2022. Amended Pleadings due by 11/14/2022. Discovery due by 6/16/2023. Motions due by 7/17/2023. Pretrial Order due by 10/19/2023. The court appoints Royal Ferguson as mediator. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 5/17/2023. (Ordered by Judge Mark Pittman on 9/14/2022) (bdb) (Entered: 09/14/2022)
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Originally Posted By tone_suk1:
Originally Posted By 2tired2run:


The CC is the dirty mob boss that looks like the PTA president most have no idea what he's up to and how.much he really controls things.  If they go the CC route and given the current USSC make up this could get interesting.  The CC underpins almost everything the feds regulate from the epa to OSHA.

If the feds were smart they'd start loosening the grip on things to reduce the chance of a Roe like decision on the CC.  They're not that smart......


At some point there will be a convention of the states that will rein in the Fed overreach if there is no preemptive action taken beforehand.
Hopefully in my life time... and before any type of hot civil war...

Trial set for late next year for HB957 suit:
SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning Monday, November 13, 2023. Joinder of Parties due by 11/14/2022. Amended Pleadings due by 11/14/2022. Discovery due by 6/16/2023. Motions due by 7/17/2023. Pretrial Order due by 10/19/2023. The court appoints Royal Ferguson as mediator. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 5/17/2023. (Ordered by Judge Mark Pittman on 9/14/2022) (bdb) (Entered: 09/14/2022)


You think another amendment to the constitution will get them to stop violating our constitutional rights?
Link Posted: 9/20/2022 4:30:44 PM EDT
[#11]
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Originally Posted By HenryKnoxFineBooks:
Silencers are not arms, which is why they are regulated under the National Firearms Act.
View Quote


Yep, my first thought on their non-firearm claim.  So...what the hell is .gov even putzing with it for?  The short answer I guess is...because they think they can.
Link Posted: 9/20/2022 5:37:01 PM EDT
[#12]
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Originally Posted By Freakinout:


You think another amendment to the constitution will get them to stop violating our constitutional rights?
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Is this a rhetorical question or are you asking in earnest?

Link Posted: 9/20/2022 6:05:16 PM EDT
[#13]
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Originally Posted By tone_suk1:


Is this a rhetorical question or are you asking in earnest?

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Originally Posted By tone_suk1:
Originally Posted By Freakinout:


You think another amendment to the constitution will get them to stop violating our constitutional rights?


Is this a rhetorical question or are you asking in earnest?



it was rhetorical and philosophical at the same time.  Telling tyrants to stop being tyrants doesn't work real well.  We tried it with the British
Link Posted: 9/21/2022 5:50:46 PM EDT
[#14]
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Originally Posted By tone_suk1:


At some point there will be a convention of the states that will rein in the Fed overreach if there is no preemptive action taken beforehand.
View Quote

Yeah?
You had better hope it doesn't happen.
"Federal overreach" can be addressed under our current Constitution. Convening another convention might just yield some things we absolutely do not want.
Link Posted: Yesterday 11:07:07 AM EDT
[#15]
Here's a couple of good podcasts on the subject.
Link Posted: Yesterday 4:16:35 PM EDT
[#16]
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