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The DC Court of Appeals reversed a lower court today when it found that an officer from the city's Gun Recovery Unit did not receive consent before finding a handgun during a warrantless search of the appellant's satchel: dccourts.gov/sites/default/…
"Denton said he was particularly concerned that Hawkins might have a gun because Denton’s unit had 'recovered many firearms' from satchels that summer."
"We just want to make sure everything is cool and nobody has any illegal firearms.”
"We agree that the government did not prove that Hawkins consented to Denton’s search and therefore reverse."
"Evaluated under the 'totality of the surrounding circumstances,'... it does not appear that Hawkins even had the opportunity to refuse consent."
"We need not go so far as to say that the videotape 'blatantly contradicts' the finding of consent... but we have not seen videotape evidence to support it."
"The officer’s conclusory reference to a 'trend' of finding guns hidden in satchels that summer was not supported by details which would allow the court to 'evaluate the reasonableness of [this] particular search[.]'"
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NEW: NAGR v. Grisham (D. NM): NOTICE of Hearing on Motion for Temporary Restraining Order: Motion Hearing set for 9/13/2023 at 01:00 PM in Albuquerque - 420 Mimbres Courtroom before District Judge David H. Urias. courtlistener.com/docket/6777918…
Donk v. Grisham (D. NM): NOTICE of Hearing on Motion for Temporary Restraining Order: Motion Hearing set for 9/13/2023 at 01:00 PM in Albuquerque - 420 Mimbres Courtroom before District Judge David H. Urias. courtlistener.com/docket/6777944…
We The Patriots USA v. Grisham (D. NM): NOTICE of Hearing on Motion for Temporary Restraining Order: Motion Hearing set for 9/13/2023 at 01:00 PM in Albuquerque - 420 Mimbres Courtroom before District Judge David H. Urias. courtlistener.com/docket/6777953…
The defendants note that the proposed amended complaint removes the previous claims (that were apparently too insane even for Everytown) and basically changes the entire lawsuit: civilinquiry.jud.ct.gov/DocumentInquir…
"On cross-examination, he acknowledged that he stuck his phone about six inches (15 centimeters) from Colie's face while the translate app repeated the phrase 'Hey dips---, stop thinking about my sparkle' in English and Spanish." apnews.com/article/youtub…
"Colie backed away from the 6-foot-5 Cook (196 cm), who kept advancing toward Colie even as Colie said 'no' and 'stop' and pushed Cook's arm away. Then, Cook said, when the two were separated by a small distance, Colie pulled out an handgun and shot him in the abdomen."
"Cook said he's been posting pranks online for about a year. He said he was trying to avoid mall security while he filmed the prank on Colie because they had confronted him in the past. A survey of his YouTube channel finds a series of off-putting stunts..."
Wiese v. Bonta (E.D. CA): Ryan Busse's newest declaration in support of gun control is for CA's magazine ban (again). At $150/hr, it's almost identical to yesterday's filing in WA (without the part recommending bolt-action rifles for self-defense). storage.courtlistener.com/recap/gov.usco…
This section was in the Washington filing but not in the California one, probably because most (if not all) of those handguns aren't on the roster:
The committee chair said the choice to make this testimony only was "after extensive conversation with the author" and "to allow time for more stakeholder conversations and to help her get to a better place with the bill": senate.ca.gov/media/senate-t…
A rep from the American Property Casualty Insurance Association is speaking in opposition to the bill, saying it "would require insurance to cover intentional criminal acts."
A rep from the Personal Insurance Federation of California is now speaking in opposition to the bill, saying its not opposed to gun insurance, but it would require coverage for injuries to household members, which would be "unworkable to our companies":
2) They require permits to be submitted and interviews to be conducted during office hours, preventing people who can't take off work from getting them
3) They ban guns on public transportation, preventing people without cars from carrying anywhere past walking distance
4) They require live-fire training, making it difficult for people without nearby ranges to get permits (especially combined with #3)
5) They require multiple non-family references, preventing people with anti-gun friends from getting permits