Videos tagged with Motion to Dismiss

This video discusses a legal case involving a firearm discharge in a residential neighborhood. The speaker, acting as legal counsel, successfully argued that firing a single shot into the ground on one's own property, without endangering others, did not constitute a reckless or negligent act. The charges were ultimately dropped after the individual completed a gun safety class.

A New York state law banning the purchase and possession of body armor has been challenged in court. The plaintiffs argue the ban violates the Second Amendment, citing historical precedent and the defensive nature of body armor. A recent court order denied New York's motion to dismiss the case, allowing the lawsuit to proceed and signaling potential judicial agreement with the plaintiffs' arguments.

This video analyzes a recent legal development in the Hunter Biden gun case, where a federal judge denied his motion to dismiss the indictment without prejudice. Constitutional attorney Mark W. Smith discusses the Second Amendment arguments made by Biden's legal team and explains why the motion failed. The content also touches on other potential legal issues for Hunter Biden and suggests possible responses. The analysis is framed within the context of Second Amendment rights and broader constitutional liberties.

This video analyzes Hunter Biden's motion to dismiss his federal gun charges, arguing that 18 U.S.C. § 922(g)(3) is unconstitutional under the Second Amendment as interpreted by Heller and Bruen. The argument posits that occasional users of controlled substances cannot be constitutionally prohibited from possessing firearms, citing the lack of historical tradition for such a ban and the Third Circuit's 'dangerousness' standard for prohibited persons.

The ATF's attempt to dismiss the State of Texas's lawsuit challenging federal regulation of 'Made in Texas' suppressors has failed. The court denied the ATF's motion to dismiss as moot due to Texas amending its complaint. The lawsuit, stemming from Texas HB 957, argues that suppressors manufactured and remaining within Texas do not fall under interstate commerce and thus federal regulation. The case will now proceed, though individuals are advised to avoid possessing these suppressors until the legal matter is resolved.

This video discusses the legal case of Pheng Yang, who was charged in California for possessing a 15-round magazine purchased during 'Freedom Week.' Although the charges were initially dropped, Yang filed a complaint against law enforcement for alleged rights violations. A judge granted a motion to dismiss the first amended complaint but allowed Yang to amend his claims, indicating the legal battle is ongoing. The case highlights potential recourse against law enforcement for rights violations, particularly concerning Second Amendment issues.

This video provides an update on the Renna v Becerra case, a legal challenge to California's handgun roster. The state has filed a motion to dismiss, arguing improper standing, ripeness, and that the law does not violate equal protection. The plaintiff is expected to file a response.

This video provides an update on the Miller v. Becerra legal case concerning firearms rights. The Firearms Policy Coalition's legal team reported that the first day of the hearing went well, with the court denying most motions brought by the state. Arguments on the merits of the case began but were cut short due to technical difficulties, with proceedings set to resume on Friday. The speaker advises viewers to hold off on any anticipatory purchases or modifications until a ruling is made.