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  • Renegade

    SuperOwner
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    Mar 5, 2008
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    Media outlets are reporting that the Supreme Court is going to rule in favor of the U.S. Department of Justice and against Zackey Rahimi, which (so they say) will constitute a terrible blow to the Second Amendment.

    Maintaining status quo is not much of a blow. The real blow is to the credibility of SCOTUS, which laid down how 2A cases should be ruled in Bruen less than 18 months ago.

    The 5th followed Bruen to the letter, so for SCOTUS to overrule 5th is a terrible blow to SCOTUS, since they decided the criteria.

    Because of Bruen, there are many cases in the pipeline. Interesting to see how many SCOTUS takes and how they rule. The really big one is the 7th, which last week ruled "Assault weapons" are not protected. Something clearly not supported if you follow Bruen.

    Look at some of this nonsense:

    “Based on the record before us, we are not persuaded that the AR-15 is materially different from the M16,” Judge Diane Wood, a Bill Clinton appointee, wrote on behalf of the panel in Bevis v. Naperville

    Well Congress decided they are materially different. Hence why M16s (and other Full Autos) are regulated under NFA, and AR-15s (and other semi- autos) are not.

    Woods said distinguishing between the two categories — “between weapons and accessories designed for military or law-enforcement use, and weapons designed for personal use” — has been a legal tradition since the Second Amendment was added to the U.S. Constitution.

    LOL No such tradition has ever existed. there has never been two categories. Civilian colonists could own the exact same weapons Washington used to defeat the british. In some cases (Gatling Guns, repeat arms, etc) civilians were better armed than the military. To this day same is true, civilian can own same small arms - M16, 30 round mags, Sig M17 pistol, etc.

    Heller informs us that the latter weapon is not protected by the Second Amendment, and therefore may be regulated or banned.

    Heller said no such thing.

    Because it is indistinguishable from that machinegun, the AR-15 may be treated in the same manner without offending the Second Amendment.

    This is a level of stupid that is almost incomprehensible.
    Target Sports
     

    etmo

    Well-Known
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    Jan 25, 2020
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    Cedar Creek, Tx
    I am thinking that if SCOTUS rules favor of the federal law it stays in effect so no change from current conditions on the ground.

    Far too early to say. Even if we agree Rahimi loses his appeal, the most important thing is always exactly "how" did he lose?

    The holding might strike down lots of red/yellow flag laws, or it might support them. So even if Rahimi loses, and 922(g)(8) is untouched, conditions on the ground could change drastically one way or another. I would say that conditions on the ground remaining the same is the least likely outcome here.

    Also, as renegade mentioned above, the holding will also be perused to get the temperature of Bruen. If SCOTUS re-emphasizes history and tradition in this holding, it will turn the screws on the cases mentioned to strictly conform to Bruen. If not, it will throw a lot of chaos into the system, as judges and justices will now be confused regarding the guidance from SCOTUS.

    Lastly, it sends a message to the 2A legal crowd, both pro and anti. If SCOTUS is adhering to Bruen, even expanding on Bruen, it puts a damper on a lot of anti-2A ideas that are percolating around the nation, and prevents many of them from ever being born. Pro 2A lawyers will file more lawsuits, and recapture lost freedoms. Honest judges will strike down anti-2A laws, protecting our freedoms.

    If SCOTUS wobbles on Bruen, it emboldens all these anti-2A scumbags, and we get a pile of copycat anti-2A legislation and anti-2A decisions which we then have to fight. Pro-2A lawyers become much more tentative about filing suits, because if chances of victory are perceived to be low, then there's a risk of running out of money to continue the fight.
     

    leVieux

    TSRA/NRA Life Member
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    Mar 28, 2013
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    The Trans-Sabine
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    The entire liberal concept of a court acting to prevent suspected future crime is antithetical to our longstanding Constitutional concepts & processes.

    Given lack of demonstrated intent to commit future crime, this entire area is a threat to us all.

    This should never have been allowed to go this far !

    leVieux
    (IANAL)

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    leVieux

    TSRA/NRA Life Member
    Rating - 0%
    0   0   0
    Mar 28, 2013
    7,088
    96
    The Trans-Sabine
    <>

    The entire liberal concept of a court acting to prevent suspected future crime is antithetical to our longstanding Constitutional concepts & processes.

    Given lack of demonstrated intent to commit future crime, this entire area is a threat to us all.

    This should never have been allowed to go this far !

    leVieux
    (IANAL)

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    To be clear, IF there is actual of a pending violent crime, Police &/or Court action may be proper.

    An unsupported accusation by an enemy or opponent is not sufficient!

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