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The NFA would likely be considered one of the longstanding gun regulations that both Heller and this case say are Constitutional.


Eliminate qualified immunity and you'll eliminate cops who act like they are above the law.
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The proper name for the carry case from New York is New York State Rifle and Pistol Association (NYSRPA) if one is only using one side.

Just like we all call Heller v DC the Heller case as Heller was the winner and the loser was the District of Columbia.

YouTubers need to quit talking about the losers, Bruen.


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Originally Posted by Elkhunter49
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.

That certainly is true. But, the people who put handcuffs on people and take them to jail know that they do not have immunity from civil and criminal liability if: (1) they violated someone's Constitutional rights; and (2) they should have known those Constitutional rights were clearly established at the time they put the handcuffs on (or even before), as finally adjudged by a court years down the road. So, for many of the reasons that the police have been standing down in many jurisdictions because of the possibility of a runaway jury (civil or criminal, state or federal) or ambitious prosecutor (criminal), they may be less aggressive than the politicians they serve in their jurisdictions.

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Originally Posted by Remsen
The NFA would likely be considered one of the longstanding gun regulations that both Heller and this case say are Constitutional.

I'd bet that as well.


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Originally Posted by Cheyenne
Originally Posted by Remsen
The NFA would likely be considered one of the longstanding gun regulations that both Heller and this case say are Constitutional.

I'd bet that as well.

Lots of new unplowed ground out there with this SCOTUS ruling.


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Originally Posted by stevelyn
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In it is contentment
In it is death and all you seek
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Thank God for the foresight our founders had with the 2nd Amendment. They will never get the requisite 38 states to repeal it. Too many like the Dakotas, and the rest of the non-coastal west, the south, the mid-west, Kentucky, West Virginia, Vermont, etc. etc.


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Originally Posted by AcesNeights
Originally Posted by The_Real_Hawkeye
All kinds of things going our way. Tired of winning yet? LOL.

So true!

At this point any self-professed conservative that bitches about Trump is either ignoring the bigger picture or they’re a closet case of TDS. The REAL and LASTING impact of President Trump’s legacy, aside from illuminating the corruption of our entire government, is the true conservatives he appointed to the highest court.

God bless President Trump!
Amen!


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Originally Posted by Cheyenne
Originally Posted by rickt300
Originally Posted by natman
Originally Posted by ElAhrairah
How will this affect the WA mag ban that goes into effect tomorrow?
Both Washington and California are in the jurisdiction of the Ninth Circuit. California's mag ban was ruled unconstitutional twice, in rulings that closely followed Heller. As with all pro-Second rulings, the case was overturned en banc by the Ninth Circuit.

After NYSPRA the arguments used by the en banc panel to uphold the ban have been eliminated. This will leave the en banc panel with two choices: either rule that the mag bans are unconstitutional or try and come up with a new argument that they are constitutional.

IMO, the odds of them coming up with an argument that a mag ban is constitutional that follows the rules laid down in NYSPRA are slim. If they try it and lose in the Supreme Court, the new SCOTUS decision would apply to the entire country.

I'm sure that the en banc panel would rather eat broken glass than declare the mag bans unconstitutional, but there is a strategic advantage to it; the ruling would only apply to the states in the Ninth circuit, which would include WA and CA. This would delay nationwide coverage of the ruling, during which they would hope for some seismic change in the composition of the court.

Wrong the rulings will effects state laws nation wide.

Negative. Ninth Circuit rulings are only binding precedent in the states within the Ninth Circuit. They are only persuasive authority otherwise.

Negative... They were remanded based on First Circuit Precedent and therefore incorporated on all 50 states.


Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
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Originally Posted by Remsen
The NFA would likely be considered one of the longstanding gun regulations that both Heller and this case say are Constitutional.
Perhaps, but....
New York's Sullivan Act predates the NFA by nearly 30 years. Wasn't that shot down by the NYSRPA decision?

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Originally Posted by MickeyD
Originally Posted by Remsen
The NFA would likely be considered one of the longstanding gun regulations that both Heller and this case say are Constitutional.
Perhaps, but....
New York's Sullivan Act predates the NFA by nearly 30 years.
Exactly! Toss the earlier case and not look VERY hard at the latter???

It should not take a rocket scientist to see the vulnerability.


Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
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This seemed to go under the radar for some reason.

https://www.cnn.com/2022/05/11/us/california-gun-ban-under-21-federal-ruling/index.html

About wrecked the car when I heard the 9th overturned a Cali gun law.

Then, we had the talk of this under 21 thing going into Brandon's
new law.

Personally thought it was a huge for the most liberal circuit to take
that stand. But believe like someone else posted. Since they overturned
it, it avoided a SCOTUS decision that would have made it nationwide.

It's precedence setting maybe, but still puts off a final decision.


PS. Used the CNN link just because I enjoyed them reporting on this.


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Originally Posted by Valsdad
Originally Posted by stevelyn
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Ya welcome!





Originally Posted by Remsen
The NFA would likely be considered one of the longstanding gun regulations that both Heller and this case say are Constitutional.


How so, when they speak of arms in common use and the militia. Some aspects could certainly be Constitutional, but I would say the process should be streamlined. Machineguns themselves could very well be restricted, but having suppressors, SBSs & SBRs on the NFA list makes absolutely no sense at all.


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Originally Posted by Remsen
The NFA would likely be considered one of the longstanding gun regulations that both Heller and this case say are Constitutional.
The Court held Antebellum southern states laws were void if they violated the 2nd and 14th. It is looking at the time period of the founding now.


To preserve liberty it is essential that the whole body of people always possess arms and be taught alike, especially when young, how to use them.-Richard Henry Lee

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The NFA mainly applies to automatic weapons. At the time of it’s enactment, they were only about four decades old and were not common. The NFA itself will stay.

But the “sporting purposes” clause on the 1968 importation ban and the 1986 ban on domestic manufacture of automatic weapons could get a look.

The “sporting purposes” clause on imports seems really suspect in light of the new decision. It stands to reason that if you don’t have to provide justification to the state for carrying a particular firearm, then an importer should not have to provide any justification as to the purpose of a firearm it wishes to bring into the country. And historically until 1968, there were no bans of any sort on the importation of firearms.

I would also add executive orders that ban importation of firearms and ammunition to the list as well.

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At one time in this Country it was Common Respect for the Amendments as they were written ..
Heller and the NYMSLSDRGC decision came about because the Marxist said No we Don’t Agree on the 200+ Year Principle of the 2nd..
Ladies and Gentlemen Harvard and Yale Law Schools ain’t done with you Yet..
In fact they ain’t done with any of the Founding Documents..
One day it will be realized that we can’t Coexist with these Psychopaths..

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Originally Posted by akrange
At one time in this Country it was Common Respect for the Amendments as they were written ..
Heller and the NYMSLSDRGC decision came about because the Marxist said No we Don’t Agree on the 200+ Year Principle of the 2nd..
Ladies and Gentlemen Harvard and Yale Law Schools ain’t done with you Yet..
In fact they ain’t done with any of the Founding Documents..
One day it will be realized that we can’t Coexist with these Psychopaths..

Roll Them or They Roll You

We’ve been getting rolled by Yankee commies since 1865.

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Originally Posted by Sitka deer
Originally Posted by MickeyD
Originally Posted by Remsen
The NFA would likely be considered one of the longstanding gun regulations that both Heller and this case say are Constitutional.
Perhaps, but....
New York's Sullivan Act predates the NFA by nearly 30 years.
Exactly! Toss the earlier case and not look VERY hard at the latter???

It should not take a rocket scientist to see the vulnerability.
Logically, it seems that way. Politically, NFA is a third rail I doubt they'd touch. But then I said that about abortion. Who knows?


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SCOTUS decision Miller:


“some reasonable relationship to the preservation or efficiency of a well-regulated militia.” Miller, 307 U.S., at 178. Miller implies that a weapon that is commonly owned and that is useful for the common defense for a militia member is also protected by the Second Amendment.

What is the standard issue weapon of the infantry?


To preserve liberty it is essential that the whole body of people always possess arms and be taught alike, especially when young, how to use them.-Richard Henry Lee

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Thomas gives a hint:

'... For example, we found it “fairly
supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons’” that the Second
Amendment protects the possession and use of weapons
that are “‘in common use at the time.’” Id., at 627 (first
citing 4 W. Blackstone, Commentaries on the Laws of England 148–149 (1769); then quoting United States v. Miller,
307 U. S. 174, 179 (1939)). That said, we cautioned that we
were not “undertak[ing] an exhaustive historical analysis
today of the full scope of the Second Amendment”
and
moved on to considering the constitutionality of the District
of Columbia’s handgun ban. 554 U. S., at 627...'

'...If the last decade of Second Amendment litigation has
taught this Court anything, it is that federal courts tasked
with making such difficult empirical judgments regarding
firearm regulations under the banner of “intermediate scrutiny” often defer to the determinations of legislatures. But
while that judicial deference to legislative interest balancing is understandable—and, elsewhere, appropriate—it is
not deference that the Constitution demands here. The Second Amendment “is the very product of an interest balancing by the people” and it “surely elevates above all other
interests the right of law-abiding, responsible citizens to
use arms” for self-defense.
Heller, 554 U. S., at 635. It is
this balance—struck by the traditions of the American people—that demands our unqualified deference. ...'

'...“Just as the First Amendment
protects modern forms of communications, and the Fourth
Amendment applies to modern forms of search, the Second
Amendment extends, prima facie, to all instruments that
constitute bearable arms, even those that were not in existence at the time of the founding.” Ibid. (citations omitted).
Thus, even though the Second Amendment’s definition of
“arms” is fixed according to its historical understanding,
that general definition covers modern instruments that facilitate armed self-defense.
...'


"...A man's rights rest in three boxes: the ballot box, the jury box and the cartridge box..." Frederick Douglass, 1867

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