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Campfire Outfitter
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We all love the huge win that the NYSRPA case brought to 2nd A supporters. Today it got much better. 4 other 2nd A cases were appealed to SCOTUS and waiting on a writ of certiorari to see if if 4 or more Justices agree to hear the appeal. Most cases do not get "granted cert" and the ruling of the lower court stands. Today all 4 cases were Granted, Vacated, and Remanded (GVRed) back to the lower courts for new rulings in compliance with the process layed out in the NYSRPA case for 2nd A cases. This means that SCOTUS determined the cases were decided wrong and the lower courts must fix that according to the rules set out in NYSRPA. The text of the 2nd A and historical traditions of restrictions. No kind of balancing review such as intermediate or strict scutiny. The cases GVRed are: Cali Mag Ban. Maryland AWB. HI open carry ban. NJ mag ban. Some of us were hoping SCOTUS would grant cert and hear the cases but this is even better. Major pee pee slap to all those lower appeals court. It's basically winning a sumary judgement. Today was a very good day. SCOTUS GVRed all the 2nd A casesAlong those lines, the Supreme Court today GVR’d (granted cert, vacated the lower court rulings and remanded for reconsideration) the following cases in which the lower courts had upheld the gun control laws in question.
Young v. Hawaii — Challenges Hawaii’s ban on open carry as infringing citizens’ Second Amendment right to bear firearms outside the home.
Bianchi v. Frosh — Challenges Maryland’s “assault weapons” ban under Heller’s common use language.
ANJRPC v. Grewal — Challenges New Jersey’s “high capacity” magazine ban for violating the Second Amendment, the takings clause of the Fifth Amendment, and the equal protection clause of the Fourteenth Amendment.
Duncan v. Bonta — Challenges California’s “high capacity” magazine ban as violating the Second and Fifth Amendments as well as the two-step interest-balancing process explicitly repudiated in the Bruen ruling.
The Court’s disposition of these cases today represents the first significant crack in the foundation that lower courts have built in the last 14 years to prop up gun control laws while violating the Heller decision and the Second Amendment.
John Burns
I have all the sources. They can't stop the signal.
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Campfire Oracle
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Campfire Oracle
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The times they are a changing.
(Ha, and some say nothing is being done - clueless)
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 Ranger
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Campfire Ranger
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Campfire Member
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How will this affect the WA mag ban that goes into effect tomorrow?
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Joined: Sep 2011
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Sep 2011
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Has that one gone to court under a lawsuit and been upheld yet?
Odds are, if the CA one gets overturned, that will be precedent for overturning the other State's versions.
The desert is a true treasure for him who seeks refuge from men and the evil of men. In it is contentment In it is death and all you seek (Quoted from "The Bleeding of the Stone" Ibrahim Al-Koni)
member of the cabal of dysfunctional squirrels?
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Campfire Outfitter
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Campfire Outfitter
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That is outstanding news. Many thanks for posting!
Be not weary in well doing.
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Campfire Member
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Campfire Member
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Not yet as far as im aware. Those things take time.
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Joined: Sep 2009
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Campfire Outfitter
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OP
Campfire Outfitter
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How will this affect the WA mag ban that goes into effect tomorrow? Hopefully somebody with standing in WA will file for a TRO pending the 9th Circuits new decision on the Cali ban.
John Burns
I have all the sources. They can't stop the signal.
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Joined: Aug 2010
Posts: 28,654 Likes: 10
Campfire Ranger
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Campfire Ranger
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The times they are a changing.
(Ha, and some say nothing is being done - clueless)
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Joined: Apr 2008
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Campfire Regular
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Campfire Regular
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The Dem's in communist run states don't intend to follow recently upheld or overturned laws as they apply to the constitution and have stated so. Also don't hold your breath waiting for federal law enforcement agency's to force them to.
A true friend is someone who reaches for your hand but touches your heart !!!
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Campfire Oracle
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Campfire Oracle
Joined: Jan 2016
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The times they are a changing.
(Ha, and some say nothing is being done - clueless) You got it, bro. Kari Lake is getting my dough.
Last edited by jaguartx; 06/30/22.
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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Joined: Jan 2016
Posts: 96,094 Likes: 19
Campfire Oracle
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Campfire Oracle
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The Dem's in communist run states don't intend to follow recently upheld or overturned laws as they apply to the constitution and have stated so. Also don't hold your breath waiting for federal law enforcement agency's to force them to. Nah, I'm waiting for Trump's return to the WH after the Nov election and swing states decertifying their EC votes.
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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Joined: Jun 2006
Posts: 3,237 Likes: 2
Campfire Tracker
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Campfire Tracker
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Campfire Outfitter
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Campfire Ranger
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Campfire Ranger
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If MD goes does DC to since it is historically part of MD?
-OMotS
"If memory serves fails me..." Quote: ( unnamed) "been prtty deep in the cooler todaay " Television and radio are most effective when people question little and think even less.
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Campfire Ranger
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Campfire Ranger
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More W,GoT, RoG! Wailing, gnashing of teeth, and rending of garments. I LOVE IT!
I've always been a curmudgeon - now I'm an old curmudgeon. ~Molɔ̀ːn Labé Skýla~
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Campfire Outfitter
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OP
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If MD goes does DC to since it is historically part of MD? Both DC and MD are in the 4th Circuit. The 4th now has to rule consistant with SCOTUS rules for 2nd A cases. If the 4th Curcuit now rules properly then it wuld be a slam dunk that anyone with standing in DC would win an easy case. As good as the NYSRPA was these cases being GVRed is even better. Clear direction from SCOTUS to all lower courts on 2nd A cases.
Last edited by JohnBurns; 06/30/22.
John Burns
I have all the sources. They can't stop the signal.
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Campfire Outfitter
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How will this affect the WA mag ban that goes into effect tomorrow? Hopefully somebody with standing in WA will file for a TRO pending the 9th Circuits new decision on the Cali ban. That would be my guess. I hope they are successful.
"Don't believe everything you see on the Internet" - Abraham Lincoln
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Campfire Tracker
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Campfire Tracker
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Pretty big aftershock....
The thing is that the lower courts ignored Heller and created the two part test that was finally struck down. Whether the courts now read Thomas' opinion and abide by it, or just come up with new tests that facially comport with the standard of review announced in the opinion but stick to the "it's not a core right, the public safety concerns justify the government action" is to be seen.
I'm counting on the two cases in the 9th Cir. (HI and CA) to be a harbinger of how much activism is left in 2A matters at lower courts.
Eliminate qualified immunity and you'll eliminate cops who act like they are above the law.
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Campfire Sage
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All kinds of things going our way. Tired of winning yet? LOL.
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