Free Republic

An appeals court on Friday overturned the conviction and life sentence of a man found guilty of killing a U.S. Border Patrol agent whose death exposed the botched federal gun operation known as “Fast and Furious” has been overturned, a U.S. appeals court said Friday. The 9th U.S. Circuit Court of Appeals vacated the convictions of Heraclio Osorio-Arellanes, saying his constitutional due process rights had been violated, and sent the case back to the U.S. District Court in Arizona for further proceedings. Osorio-Arellanes was sentenced in 2020 in the Dec. 14, 2010, fatal shooting of Agent Brian Terry while he...

On December 20, 2023, US District Judge Cormac J. Carney issued an order granting a preliminary injunction against the defendants (the State of California government). The injunction stopped the state from enforcing the blatantly unconstitutional SB-2 law declaring most of California as “sensitive places” where even licensed concealed carriers were forbidden to carry arms in public. The state asked for an order to stop the injunction from going into effect on December 22, 2023. The stay was granted on December 30, 2023, by an administrative three-judge panel of the Ninth Circuit. The stay was appealed to the Ninth Circuit three-judge...

The panel affirmed the district court’s dismissal for lack of standing of an action, brought before the 2022 general election by former Republican nominees for Governor and Secretary of State of Arizona, alleging that Arizona’s use of electronic tabulation systems violated the federal Constitution. The gravamen of Plaintiffs’ operative complaint is that notwithstanding safeguards, electronic tabulation systems are particularly susceptible to hacking by non-governmental actors who intend to influence election results. On appeal, Plaintiffs conceded that their arguments were limited to potential future hacking, and not based on any past harm. The panel held that because Plaintiffs are no longer...

U.S.A. –-(AmmoLand.com)- The Ninth Circuit Court of Appeals has reversed the three-judge panel decision in Duncan v. Becerra, the ban on magazines that hold over 10 rounds. The opinion was released on November 30, 2021.Update: The case nomenclature has changed from Duncan v. Becerra to Duncan v. Bonta, because of the change in the California Attorney General.At the end of March, in 2019, Judge Roger T. Benitez wrote a well-reasoned opinion that found the California ban on magazines of over 10 rounds to be an unconstitutional infringement on the Second Amendment right to keep and bear arms. The case was...