Well. so much for the theory that the House Dems would vote this down.
https://www.foxnews.com/politics/house-passes-gun-control-bill-mass-shootings?cmpid=prn_newsstand
It was always the slimmest of chances.
But much of what we were worried about in this bill is arguably unconstitutional now under the Bruen test. Heck, the Hughes Amendment (machine guns) is likely unconstitutional now, same with a million other gun control laws.
If I'm the NRA or someone with deep pockets, I file lawsuits in 2A-friendly federal circuits (like the 5th and the 11th, always both, why below) challenging everything individually. The 2A-friendly circuits will adhere to the Bruen test, and we will win much more than we will lose.
That will force the antis to choose 2 options which are both losers for the antis:
1) appeal to SCOTUS, which denies 90% of all appeals, so SCOTUS denies the appeal and boom, the pro-2A decision stands for the millions of citizens in that circuit and then that circuit decision is persuasive when the same case is brought in other districts or if SCOTUS does grant the appeal, then the antis risk making the decision nationwide (like NY just did in Bruen).
or
2) don't appeal, and let that entire circuit enjoy the freedom of having machine guns / no NFA / no ERPOs / whatever, and then that circuit decision is persuasive when the same case is brought in other districts. Thus 2A freedoms are encouraged to spread, and if they don't, and the circuits disagree, that becomes an alarm saying, "SCOTUS to aisle 5, we have a circuit court disagreement, SCOTUS to aisle 5" and SCOTUS is then incented to decide the matter, potentially giving the entire nation access to silencers, machine guns, freedom from ERPOs, whatever.
Thomas' decision in Bruen just opened hunting season on anti-2A laws with no bag limits. The key is to go on the offensive, now, so that we can choose 2A-friendly federal districts.
On a slightly-related note, one of the greatest civil rights lawyers alive today is Paul Clement. His name is regularly mentioned as a conservative nominee for the Supreme Court, but he doesn't want to take the pay cut. He was the NRA's lead lawyer in landmark pro-2A cases like Heller, and he is as comfortable speaking before the Supreme Court bench as you are ordering a beer at your local watering hole. Harvard law grad with top honors, complete rock star.
Well, the firm that was paying him a zillion dollars a year just "parted ways" with him because they have gone woke, they don't like guns and they don't like the fact that Clement will happily champion pro-2A cases, and is unbelievably good at winning those cases, like he just won this case, Bruen.
So, the NRA (or SAF, or GOA, or etc) should go on the offensive, and Paul Clement's calendar just opened up. They have made beautiful music together before.
Just sayin'.
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