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Campfire Tracker
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Campfire Tracker
Joined: Dec 2009
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Red flag laws will also result in 1st amendment abuses. What happens when I go on FB and call some leftist an idiot and that they should walk out into traffic? Red flag?
Where do “they” draw the line on what constitutes a “red flag”. I’m assuming that will be up to the judges, DAs and local politicians. One thing is for sure, if I was in a liberal run state or city (thank God I’m not) I would be looking to GTFO.
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Joined: Aug 2011
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Campfire Tracker
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Campfire Tracker
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I could easily see any new Red Flag laws ending up at SCOTUS. I've heard that lawsuits are already filed by GOA. TRH, I hope you are correct about this!
If we live long enough, we all have regrets. But the ones that nag at us the most are the ones in which we know we had a choice.
Doug
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Joined: Jun 2002
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Campfire Sage
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Campfire Sage
Joined: Jun 2002
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TRH, Rick Scott gave us the Red flag law here in Florida----- POS! Yep. That was his departing act, that SOB.
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Joined: Jun 2002
Posts: 131,708 Likes: 18
Campfire Sage
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Campfire Sage
Joined: Jun 2002
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Red Flag laws are going to be one of the easiest infringements that will be struck down with this new SCOTUS ruling. Yep. Adversely impacts the exercise of the Second Amendment RTKABA, therefore the standard of review is Strict Scrutiny.
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Joined: Sep 2009
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Campfire Outfitter
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Campfire Outfitter
Joined: Sep 2009
Posts: 12,125 Likes: 1 |
Red Flag laws are going to be one of the easiest infringements that will be struck down with this new SCOTUS ruling. Yep. Adversely impacts the exercise of the Second Amendment RTKABA, therefore the standard of review is Strict Scrutiny. SCOTUS took all means-end scrutiny, both intermediate and strict, off the table for Courts in 2nd A cases. The text of the 2nd and history are now the only test. Red Flaw laws are an infringement and a very new infringement. Since Heller and McDonald, the Courts of Appeals have developed a “two-step” framework for analyzing Second Amendment challenges that combines history with means-end scrutiny. The Court rejects that two-part approach as having one step too many.
Step one is broadly consistent with Heller, which demands a test rooted in the Second Amendment’s text, as informed by history. But Heller and McDonald do not support a second step that applies means-end scrutiny in the Second Amendment context.
Heller’s methodology centered on constitutional text and history. It did not invoke any means-end test such as strict or intermediate scrutiny, and it expressly rejected any interest-balancing inquiry akin to intermediate scrutiny.
Last edited by JohnBurns; 06/25/22.
John Burns
I have all the sources.
They can't stop the signal.
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Joined: Nov 2011
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Campfire Tracker
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Campfire Tracker
Joined: Nov 2011
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I could easily see any new Red Flag laws ending up at SCOTUS. I've heard that lawsuits are already filed by GOA. And why hasn't the NRA filed suit yet?
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Joined: Jul 2020
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Campfire Tracker
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Campfire Tracker
Joined: Jul 2020
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The NRA doesn't file suits. The NRA buys suits.... Armani suits.
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Joined: Jan 2016
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Campfire Oracle
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Campfire Oracle
Joined: Jan 2016
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Ecc 10:2
The heart of the wise inclines to the right, but that of a fool to the left.
A Nation which leaves God behind is soon left behind.
"The Lord never asked anyone to be a tax collector, lowyer, or Redskins fan".
I Dindo Nuffin
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Campfire Outfitter
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Campfire Outfitter
Joined: Sep 2009
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The NRA doesn't file suits. The NRA buys suits.... Armani suits. The NRA filed the one we just won through the NYSRPA state assoicate. The NRA filed the big Cali suits (mag bans,AW bans, Ammo, handguns) through the CRPA state associate and those suits are on hold waiting on the NYSRPA case we just won in a big way. The NRA by itself would not have any standing in those case hence the reason for state affiliate. I am not a member of the NRA and they have done a lot of dumb stuff in the leadership but the NRA does deserve credit for what just happened at SCOTUS.
John Burns
I have all the sources.
They can't stop the signal.
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Joined: Jan 2001
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Campfire Ranger
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Campfire Ranger
Joined: Jan 2001
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They will require extremely careful drafting to avoid a near endless series of appeals to the Supreme Court. Due process...
Last edited by 1minute; 06/25/22.
1Minute
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Jun 2004
Posts: 34,244 Likes: 2 |
I could easily see any new Red Flag laws ending up at SCOTUS. I've heard that lawsuits are already filed by GOA. And why hasn't the NRA filed suit yet? The NRA lobbies (bribes) politicians, the SAF files lawsuits. TheNRA funds lawsuits by others, mostly.
Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.
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Campfire Tracker
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Campfire Tracker
Joined: Nov 2011
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To be fair, the NRA does have the ILA, Institute for Legal Action, I think it is. But that came too little and too late. If I remember correctly the NRA actually supported the machine gun ban in 1934 and made a little, if any effort to oppose the gun control act of 1968. Had they opposed the ban in 1934 and then supported the lawsuit, it would have confirmed Second Ammendment rights much earlier and the gun control act of 1968 might have never happened. As I recall the judge was prepared to rule the law unconstitutional but the defendant failed to show because he thought it was a slam dunk. Liberals have been playing death by a thousand cuts ever since. Finally the Supreme Court has begun to reaffirm the Constitution as the Supreme law of the land. Hope they continue.
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Campfire Kahuna
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Campfire Kahuna
Joined: Jan 2001
Posts: 59,162 Likes: 2 |
I could easily see any new Red Flag laws ending up at SCOTUS. Yeah, but how many years will pass before a decision? In the meantime, potentially innocent citizens are harshly dealt with..
Ex- USN (SS) '66-'69
Pro-Constitution.
LET'S GO BRANDON!!!
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Campfire Outfitter
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Campfire Outfitter
Joined: Sep 2009
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I could easily see any new Red Flag laws ending up at SCOTUS. Yeah, but how many years will pass before a decision? In the meantime, potentially innocent citizens are harshly dealt with.. The NYSRPA decision gives lower courts a very clear directive on how to decide 2nd A cases. In sum, the Courts of Appeals’ second step is inconsistent with Heller’s historical approach and its rejection of meansend scrutiny.
We reiterate that the standard for applying the Second Amendment is as follows:
When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating
that it is consistent with the Nation’s historical tradition of firearm regulation.
Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.” Ignoring that directive will be difficult and excellent grounds for appeal. It is also excellent for summary judgement.
John Burns
I have all the sources.
They can't stop the signal.
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Campfire Outfitter
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Campfire Outfitter
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You can't file suit unless you have "standing," which means you believe you were hurt by the law. The NRA can then support you. This law is less than 24 hours old so nobody has standing--yet.
GOA cannot file suit (yet) either.
The NYSRPA suit that NRA just won at SCOTUS is probably the greatest legal victory for our side in 20 years, or maybe ever.
Don't blame me. I voted for Trump.
Democrats would burn this country to the ground, if they could rule over the ashes.
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Campfire Outfitter
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Campfire Outfitter
Joined: Feb 2008
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Red Flag laws are going to be one of the easiest infringements that will be struck down with this new SCOTUS ruling. You Numb .. Their Scared and Dangerous.. Roll Them or They Roll You
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Joined: Sep 2009
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Campfire Outfitter
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Campfire Outfitter
Joined: Sep 2009
Posts: 12,125 Likes: 1 |
Red Flag laws are going to be one of the easiest infringements that will be struck down with this new SCOTUS ruling. You Numb .. Their Scared and Dangerous.. Roll Them or They Roll You This makes no sense and you should use they're when being dumb. At least have good grammar.
Last edited by JohnBurns; 06/25/22.
John Burns
I have all the sources.
They can't stop the signal.
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Joined: Jan 2005
Posts: 6,379 Likes: 1
Campfire Tracker
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Campfire Tracker
Joined: Jan 2005
Posts: 6,379 Likes: 1 |
One thing you can bet on is that the Red Flag law will be abused. If the cops or prosecutor wants a warrant served they will know which judge to take it to in to sign off on. It will be no different than other things such as "no knock warrants" there will always be violations. The other thing is that you can bet it will be challenged, whether it will stand up will once again be up to the judge that handles that case. That it blatantly unconstitutional is fairly clear but it will be a long time before it overthrown, or slightly changed so that it can be enacted once again. here is a link to a good editorial about the gun law - https://www.wsj.com/articles/senate...l-11655996534?mod=hp_opin_pos_4#cxrecs_sdrover
Last edited by drover; 06/25/22.
223 Rem, my favorite cartridge - you can't argue with truckloads of dead PD's and gophers.
24hourcampfire.com - The site where there is a problem for every solution.
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Joined: Feb 2008
Posts: 8,578
Campfire Outfitter
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Campfire Outfitter
Joined: Feb 2008
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Red Flag laws are going to be one of the easiest infringements that will be struck down with this new SCOTUS ruling. You Numb .. Their Scared and Dangerous.. Roll Them or They Roll You This makes no sense and you should use they're when being dumb. At least have good grammar. Hahahahaha .. I’m a Apostate .. Your Numbchuck .. Towel Paper ..
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Joined: Feb 2008
Posts: 8,578
Campfire Outfitter
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Campfire Outfitter
Joined: Feb 2008
Posts: 8,578 |
Like I’ve said before they Know the Law .. Rulings ..
They don’t Care ..
Mordor on the Potomac is Scared..
They know We Know it’s High Crimes ..
They’ve Bought a lot of Ammunition with Budgets that was supposed to be used for Modernization..
Their trying to Force a Pretexts..
All eYe’s are looking toward the Pike …
Roll Them or They Roll You
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