This is his video explaining his dissent. I won’t like all of the articles where “legal experts” were aghast that he would do such a thing. I found it all quite amusing, but I won’t give them traffic for their stupidity.
What I did find most interesting is that the judge called out the ignorance of his fellow judges over video. He rocks. His fellow judges are jammed, and he comes out looking like the one who knows what he’s talking about.
But it simply could be that the other judges aren’t really that stupid and know what they’re doing. They’re just controllers at heart. Judge Van Dyke’s dissent video is still good medicine for this malfeasance.
I wouldn’t have been as nice and amiable as Judge Van Dyke. I would have engaged in name calling.
A controversial proposal to repeal a law that prevents people under age 21 from buying rifles and shotguns in Florida is positioned to go to the full House, but the issue remains on hold in the Senate. The Republican-controlled House Judiciary Committee on Thursday voted 16-6 to approve the bill (HB 759), which would lower the minimum age to purchase rifles and other long guns from 21 to 18. Rep. Hillary Cassel, R-Dania Beach, joined Democrats in opposing the bill.
The Legislature and then-Gov. Rick Scott increased the minimum age for gun purchases to 21 after the 2018 mass shooting at Parkland’s Marjory Stoneman Douglas High School that killed 17 people. The House approved repeal bills in 2023 and 2024, but the measures did not get through the Senate. With the Legislature ending its third week of this year’s regular session, a Senate bill (SB 920) that would roll back the age limit has not been heard in committees. Asked about the issue Wednesday, Senate President Ben Albritton, R-Wauchula, tearfully recalled walking the halls of Marjory Stoneman Douglas High School and seeing damage from the mass shooting. But he also said he takes serious Second Amendment rights and is a lifetime National Rifle Association member. “I don’t have an answer for that right now,” Albritton said. “Like I do everything. I am thinking this through.”
Bah. Lifetime NRA member. So much for 2A rights. He should have been ejected from the NRA long ago if it was worth anything.
Next up, open carry.
Would be great to see it hit my desk — Florida needs to join the overwhelming majority of states and protect this right… https://t.co/IVB1lOwUEO
I don’t know if I believe that Florida Sheriffs support open carry, but the police sure don’t. They align with the controllers every time.
It’s a fight in Florida and has been for a very long time.
Ron Desantis could end it instantly and once and for all. He could refuse to sign another bill, including budget, until an open carry bill hits his desk for signature. He could do the same thing for age restrictions.
I guess it’s complicated, but according to Mike, it would be a good thing for suppressors to remain under consideration as firearms because then it warrants 2A protection.
I still want to see suppressors off the NFA. For hearing protection. For me. For the children.
It seemed inevitable that these decisions would build a consensus that the Supreme Court might embrace—until Friday, when a court broke from the pack in a surprise decision. By an 8–4 vote, the U.S. Court of Appeals for the 11th Circuit last week upheld Florida’s law prohibiting 18- to 20-year-olds from buying guns. Better yet, the court’s opinion was authored by Chief Judge William Pryor, a highly influential George W. Bush appointee. Pryor’s decision is doggedly originalist, a meticulous history lesson that proves the constitutionality of Florida’s ban beyond all reasonable doubt. It might just be persuasive enough to convince his ideological allies on the Supreme Court to uphold this lifesaving limit on the right to bear arms.
It is hard to overstate the significance of these words coming from the pen of a deeply conservative, dyed-in-the-wool Federalist Society stalwart like Pryor. He is arguably the most influential appeals court judge active today: Supreme Court justices regularly cite himby name, invoking his authority to bolster their own arguments—a rare honor reserved for marquee lower-court jurists.
To me, he’s a nobody. I couldn’t care less about him, nor do I play the same game as the “justices” on the supreme court.
I would have thought that Judge James Ho or Judge Don Willett would be much better buddies than Pryor.
The over-mountain men were pulling in crops and couldn’t go to meet the British forces. They sent their sons. The women lined the roads and sang hymns as they sent their sons off to battle. Their sons won. Thus ended the plans by Cornwallis to use loyalists to win the war.
The North Carolina Senate Judiciary Committee voted Tuesday to approve a bill allowing gun owners to carry concealed handguns without obtaining a permit, sending it to another panel.
Senate Bill 50, which bears the title “Freedom to Carry NC,” would authorize permitless concealed carry for individuals who are U.S. citizens, at least 18 years of age, and not otherwise prohibited by law, according to the bill’s text.
Its primary sponsors are Sens. Danny Britt (R-Hoke, Robeson, Scotland), Warren Daniel (R-Buncombe, Burke, McDowell), and Eddie Settle (R-Alexander, Surry, Wilkes, Yadkin). Britt and Daniel are two of the Judiciary Committee’s co-chairs.
Senate leader Phil Berger is backing the measure, he shared when sponsors filed it in February.
North Carolina law currently requires gun owners to obtain permits from their local sheriff’s office in order to carry a concealed handgun. Concealed carry also requires a minimum of eight hours of training.
“We believe that our constitution is clear that law abiding citizens should be allowed to constitutionally carry,” Britt said. “We believe they should be able to constitutionally carry without having to jump through the hoops that you do for a concealed carry permit.”
If passed into law, North Carolina would become the 30th state to allow what proponents call “constitutional carry” — meaning concealed carry without a permit. The legislation would still allow concealed carry permits to be issued “for the purpose of reciprocity when traveling in another state.”
This isn’t just smoke. While NC has an awful, terrible, no good, very bad governor, like we almost always do, the senate and house is controlled enough by conservatives that they can override a veto.
So you’ll have to watch the entire video in order to understand. I did, and I do. In fact, I knew where he was headed by half way through the video or even less.
BLUF. This either stops with the appeals court, in which case it may be cited in the future by other courts, or it may be ignored by other courts, or it goes to the supreme court for a final ruling in Range.
In order for it to go to the supreme court, the U.S. government must have an interest, i.e., have standing. In order to have standing, they must pursue the case as is.
Then it’s possible to switch their position during final submittals to the court. This is what Mark recommends. The whole thing is a bit twisted, but these are the rules.
So don’t be surprised when you see the U.S. appeal the Range decision to the supreme court rather than let it die at appeals court.
“A militia when properly formed, are in fact the people themselves, and render regular troops in great measure unnecessary. The powers to form and arm the militia, to appoint their officers, and to command their services, are very important; nor ought they in a confederated republic to be lodged, solely, in any one member of the government. First, the constitution ought to secure a genuine [ ] and guard against a select militia, by providing that the militia shall always be kept well organized, armed, and disciplined, and include, according to the past and general usage of the states, all men capable of bearing arms; and that all regulations tending to render this general militia ― useless and defenceless, by establishing select corps of militia, or distinct bodies of military men, not having permament interests and attachments in the community is to be avoided. …To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them….”
Then he quite rhetorically asks, “What about well regulated?”
Go read David’s piece.
Here’s what well regulated means from the Oxford English Dictionary.
“The equation of time … is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial.”
Because by design the unorganized militia isn’t under the control of the FedGov (as intended by the founders), and totalitarians and tyrants want everything to be under the control of centralized governments. That’s why. They always have wanted this, and still want it today. The controller mentality hasn’t changed in the entire history of the world.
They fear armed, trained Americans. Therefore, never give up your firearms, and stay trained.