Dude, I can scroll through it and read it quite clearly on a laptop.Can you edit that into a link? XenForo autofromatted it as media, and it is unreadable that way.
I will add a link for mobile users though.
Dude, I can scroll through it and read it quite clearly on a laptop.Can you edit that into a link? XenForo autofromatted it as media, and it is unreadable that way.
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.
Ouch, right in the kisser. Reeing starts in 5, 4, 3,....Saint Benetiz says, "No, you can't get the case dismissed, there are actual issues here":
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.
Not all cops are bastards, but these probably are. People would do well to remember that cops being mad at demorats doesn't guarantee they won't participate in gun-grabbings. If anything, they would still do it because it renders citizens impotent whereas if they are armed, the dirty cops have to stay polite.Snip
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"
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 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.
...What the fuck am I reading here?
Who the hell let a guy with down syndrome become a Judge?
By issuing an opinion saying that they do, thus binding lower courts in said state to treat the law in question as unconstitutional.How does a State court declare FEDERAL law unconstitutional?
They can’t but well certain courts in certain jurisdictions like practicing nullification just like they did last time.How does a State court declare FEDERAL law unconstitutional?
... 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.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.
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.
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?... 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.
There's too many conservative justices for this to be safe.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?
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.”