Category Archives: Abuse of Power

Ninth Circuit issues holding in Nordyke v. King

Posted on June 1, 2012 by John Pierce

The Ninth Circuit Court of Appeals, sitting en banc, has finally issued a holding in the case of Nordyke v. King. This case involved an ordinance passed by Alameda County in California.  The ordinance generally prohibited the possession of firearms … Continue reading →

Posted in Abuse of Power, California, Nordyke v. King, Second Amendment Case Law | 3 Comments

Roanoke County’s preempted parks ordinance is prompting calls for legal action

Posted on April 23, 2012 by John Pierce

I recently wrote about a Roanoke County ordinance which seemingly imposes a complete ban on the possession and carrying of firearms inside county parks. As I pointed out in the original article, such an ordinance would be void due to … Continue reading →

Posted in Abuse of Power, Dillon Rule, FOIA, Local Ordinances, Public Parks, Virginia | 11 Comments

Roanoke ordinance may run afoul of state preemption statute

Posted on April 21, 2012 by John Pierce

Virginia is a Dillon Rule state.  Under the Dillon Rule, municipalities have powers that are strictly limited. As the Virginia Supreme Court has repeatedly held, Virginia municipalities have only those powers that are: Expressly granted; or Necessarily or fairly implied from … Continue reading →

Posted in Abuse of Power, Dillon Rule, Local Ordinances, Public Parks, Virginia | 15 Comments

Maryland files first brief in support of permanent stay in Woollard v. Sheridan case

Posted on April 20, 2012 by John Pierce

As reported here, on March 30th Judge Legg granted a temporary stay of his ruling in Woollard v. Sheridan.  In that case, he ruled that the “good and substantial reason” requirement to receive a Maryland handgun permit was unconstitutional. The temporary stay order set three … Continue reading →

Posted in Abuse of Discretion, Abuse of Power, Concealed Carry, General Civil Rights, Gun Control, Maryland, Myths & Misconceptions, Open Carry | 3 Comments

In Bloomberg’s nightmare nation it’s ‘guilty until proven innocent’

Posted on April 19, 2012 by John Pierce

In the wake of the 2012 NRA Convention in St Louis, Missouri, the group Mayors against Illegal Guns (MAIG), under the leadership of New York Mayor Michael Bloomberg, has mounted a full-scale media blitz against the Second Amendment. In an article … Continue reading →

Posted in Abuse of Power, Bloomberg, Firearm Sales, FOIA, General Civil Rights, Gun Control, MAIG, National Politics, New York, NRA | Leave a comment

New York City: Out-of-state guns are not the problem

Posted on April 11, 2012 by John Pierce

New York Mayor Michael Bloomberg and Police Commissioner Ray Kelly both came out swinging in the sympathetic New York media yesterday after four police officers were injured by a violent ex-con in Brooklyn on Sunday. Quoting Kelly, the headline on … Continue reading →

Posted in Abuse of Power, Bloomberg, General Civil Rights, Gun Control, Gun Trafficking, Law Enforcement Misconduct, Media Views on The Second Amendment, New York, State Laws, Trends in Crime | 8 Comments

Much needed improvements to FOPA introduced in Congress

Posted on April 10, 2012 by John Pierce

Introduced by Representative Morgan Griffith (R-VA) and co-sponsored by Representatives Bill Owens (D-NY) and Ted Poe (R-TX), House Bill HR 4269 would make several much needed improvements to the interstate-transportation portion of the Firearm Owners’ Protection Act. The Firearm Owners’ Protection … Continue reading →

Posted in Abuse of Discretion, Abuse of Power, Gun Control, New Jersey, New York, State Laws, Travel | 4 Comments

Contempt of court George Wallace style

Posted on June 29, 2010 by John Pierce

“To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?” – Chief Justice John Marshall (Marbury v. Madison) Hard … Continue reading →

Posted in Abuse of Power, Chicago, McDonald v. Chicago, Second Amendment Case Law | Leave a comment

Milwaukee Police Chief Flynn is bordering on irresponsible

Posted on April 21, 2009 by John Pierce

Yesterday, Wisconsin Attorney General J.B.Van Hollen issued a long-awaited advisory memorandum making it clear that merely openly carrying a firearm, absent additional facts and circumstances, is protected behavior under Article I, § 25 Of The Wisconsin Constitution and will never justify a … Continue reading →

Posted in Abuse of Discretion, Abuse of Power, Law Enforcement Misconduct, Wisconsin | Leave a comment