United States 2nd Amendment Legal Cases and Law Discussion

bullethead

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Get ready guys, Saint Benetiz has another ruling to drop tomorrow, this time on Assault Weapons Bans:

And on Thursday at 1:30PM/4:30PM, here's the en banc hearing on Hawaii's carry laws:
 

bullethead

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Saint Benetiz says, "No, you can't get the case dismissed, there are actual issues here":
Defendants argue that plaintiffs lack standing to challenge California Penal Code sections 30800 (deeming certain “assault weapons” a public nuisance), 30915 (regulating “assault weapons” obtained by bequest or inheritance), 30925 (restricting importation of “assault weapons” by new residents), 30945 (restricting use of registered “assault weapons”), 30950 (prohibiting possession of “assault weapons” by minors and prohibited persons), 31000 (authorizing additional uses of registered “assault weapons” with a permit), and 31005 (authorizing the sale of “assault weapons” to exempt recipients with a permit). Plaintiffs consent to dismissal of their challenge to section 30925 and the motion to dismiss is hereby granted with respect to that claim. With respect to their other claims, Plaintiffs disagree.

The Court finds Plaintiffs have standing on all claims in large part flowing from the criminal penalties they could face. California Penal Code section 30600 imposes a elony criminal penalty for anyone who manufactures, distributes, imports, keeps for sale, offers for sale, or lends an “assault weapon.” The prescribed prison sentences are four, six, or eight years. See California Penal Code section 30600(a). One who merely possesses an “assault weapon” in California is guilty of a misdemeanor under section 30605(a) or a felony pursuant to California Penal Code section 1170(h)(1) (“a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years”). In other words, the criminal sanction for possession of any gun deemed an “assault weapon” is a wobbler and can be sentenced as either a felony or a misdemeanor. The result is that any law-abiding citizen may lose his liberty, and (not ironically) his Second Amendment rights, as a result of exercising his constitutional right to keep and bear arms if the arm falls within the complicated legal definition of an “assault weapon.” If ever the existence of a state statute had a chilling effect on the exercise of a constitutional right, this is it.
 

bullethead

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Here's a case from West Virginia that's in the early stages, involving open carry and a douchebag cop:

The primary issue in dispute is whether a police officer can stop, detain and run a criminal background check, on an individual safely and lawfully openly-carrying an AR-15 style rifle. Putnam County’s law enforcement is arguing essentially that the AR-15 is a weapon of mass murder and warfare, and that it’s inherently suspicious of criminal conduct. Here are a few nuggets from their brief:

Finally, Mr. Walker’s argument that AR-15 style rifles may not be treated differently than less deadly firearms for reasonable suspicion purposes holds no basis in law, and is contrary to the public safety and intuitive sense. Different firearms have different utilities, purposes, and common uses, and their presence therefore draws different inferences. An AR-15 has more killing power, and is more commonly used in indiscriminate public gun violence than many more commonplace sporting or self-defense weapons, and therefore raises a greater concern for public safety in context. The fact that the AR-15 is so notoriously popular among the deadliest mass shooters also raises reasonable concerns over a copycat mass shooting. Objects need not be illegal for their presence, in appropriate context, to contribute to reasonable suspicion, and there is no reason for bearers of AR-15 style rifles to receive special protection.

Basically, the lawyer involved breaks down how dumb the argument on the police side is, and then he spent an hour talking about it some more:
 

bullethead

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Here's a non-Benetiz case to look forward to:


NEW: Rupp v Becerra (9th Circuit, CA assault weapons ban): The panel is Hurwitz, Bress, and Bumatay. Oral arguments are scheduled for 10/8 at 1pm Pacific

...

Judges Bress and Bumatay both dissented from the denial of an en banc petition in a 2A case earlier this month, with Bumatay writing that the 3-judge panel opinion went against "the text, history, and tradition of the Second Amendment"
 

bullethead

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That's pretty standard judicial writing, it's just coming to a fucking stupid conclusion.

Also, doesn't an XD-9 come with a loaded chamber indicator? The fact that a dumb ass kid wouldn't know about it would come down on them for not reading the manual.
 

The Immortal Watch Dog

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Hetman
That's pretty standard judicial writing, it's just coming to a fucking stupid conclusion.

No I mean the notion that it's Springfield's fault at all and not the moron who reenacted The Deer Hunter's most iconic scene.

That's some alarming Judicial prejudice.

Or incompetence..or both.

Also, doesn't an XD-9 come with a loaded chamber indicator? The fact that a dumb ass kid wouldn't know about it would come down on them for not reading the manual.

Think it's been standard since the 90's. Which just makes it even more absurd...I hope this doesn't go the Remmington route.
 

Emperor Tippy

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...What the fuck am I reading here?

Who the hell let a guy with down syndrome become a Judge?
The Superior Court in Pennsylvania purporting to have the authority to declare federal law unconstitutional so that someone can sue a gun manufacturer for a "defective" product because the gun lacked a magazine safety and an idiot shot another person thinking the gun was unloaded.

It will be appealed into the federal court system, and if the Superior Court reasoning is found persuasive then the Commerce Clause gets gutted hard.
 

Emperor Tippy

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How does a State court declare FEDERAL law unconstitutional?
By issuing an opinion saying that they do, thus binding lower courts in said state to treat the law in question as unconstitutional.

Of course, it will end up appealed first to the state Supreme Court and then into the federal courts (and potentially all the way up to SCOTUS).

The decision that actually ends up mattering is the federal court decision as it will be binding on the state courts.

The PA Superior Court in this instance declared the law unconstitutional on the grounds that the Commerce Clause could not be used to (Constitutionally) justify a liability shield against state common law claims. The thing is, the reasoning used would result in a massive reduction of the breadth of the Commerce Clause if the federal courts were to agree with it.
 

Abhorsen

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Osaul
The PA Superior Court in this instance declared the law unconstitutional on the grounds that the Commerce Clause could not be used to (Constitutionally) justify a liability shield against state common law claims. The thing is, the reasoning used would result in a massive reduction of the breadth of the Commerce Clause if the federal courts were to agree with it.
... I see this as a win either way then? Either we cut tons of laws by shrinking the commerce clause, or we protect gun rights.
 

MrBirthday

Agent of Catgirl Genocide
It will be appealed into the federal court system, and if the Superior Court reasoning is found persuasive then the Commerce Clause gets gutted hard.
... I see this as a win either way then? Either we cut tons of laws by shrinking the commerce clause, or we protect gun rights.
Logically, you're right, but I can already hear the blackpills insisting that it will be held to apply only to this, not anything else. Care to give that argument a preemptive shredding?
 

bullethead

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Oh boy, here comes the lawsuit to try and kill 80% receivers:

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In January 2020, the ATF special agent in charge of the Los Angeles Field Division stated that 41% of the Los Angeles Field Division’s cases have involved ghost guns. He further noted that “it concerns me as a law enforcement official that someone with rudimentary or basic skills can mass produce untraceable firearms in the comfort of their own home.”

Honestly, it seems the big problem is that this tech, along with 3D printing, makes confiscation a complete failure before it starts, at least for common platforms like ARs, AKs, and Glocks.
 

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