United States 2nd Amendment Legal Cases and Law Discussion

bullethead

Part-time fanfic writer
Super Moderator
Staff Member
Florida is free of the brace bullshit for now!


LEGAL ALERT: A Florida federal judge has issued a preliminary injunction against the ATF's pistol brace rule (applying only to the plaintiffs and their FL-based customers), saying it likely violates the APA. https://storage.courtlistener.com/recap/gov.uscourts.flmd.410428/gov.uscourts.flmd.410428.47.0.pdf

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bullethead

Part-time fanfic writer
Super Moderator
Staff Member
Palmetto State Armory being based:


Article:
Palmetto State Armory has filed an amicus brief with the U.S. Supreme Court in support of the plaintiffs challenging ATF's bump stock ban (Cargill v. Garland). Oral arguments in the case are scheduled for next month.

We here at Palmetto State Armory and affiliates are determined to stop any and all over-reach by the ATF. We thank you for your business as a portion of every purchase goes to funding cases like this. We look forward to this victory and many more.

To learn more about the Amicus Brief go to:
 

bullethead

Part-time fanfic writer
Super Moderator
Staff Member
Based judge kicks New York ass:






Article:
LEGAL ALERT: A federal judge has issued a preliminary injunction against an Upstate New York public housing authority that banned its tenants from keeping handguns in their homes: https://storage.courtlistener.com/recap/gov.uscourts.nynd.141417/gov.uscourts.nynd.141417.28.0.pdf
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Article:
The judge says he "has trouble accepting" the housing authority's argument that public housing didn't exist at the founding:
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Article:
"For the sake of brevity, the Court will not linger on the lack of relevant similarity between limiting a right of criminal convicts and limiting a right of law-abiding, responsible citizens."
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Article:
"Defendants base their justification for their Firearms Ban on half of a historical analogy (to a non-firearms regulation, no less), which actually seems to undermine their case."
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Article:
"Even if the Court were persuaded by this assertion, the Supreme Court in Heller specifically rejected it as a ground for finding such a firearms regulation constitutional"
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Article:
The judge was not amused by the housing authority's argument that it can ban tenants from owning handguns because they can buy crossbows instead:
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bullethead

Part-time fanfic writer
Super Moderator
Staff Member
Judge Benetiz dunks on Califonia once again:






Article:
LEGAL ALERT: A federal judge has struck down California's ammunition background check requirement, saying it violates the Second Amendment: https://storage.courtlistener.com/recap/gov.uscourts.casd.571335/gov.uscourts.casd.571335.105.0.pdf
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Article:
"Though they are citizens entitled to enjoy all of the constitutional rights, Californians are denied the Second Amendment right to buy ammunition for self-defense at least 11% of the time because of problems with the background check system."
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Article:
"The first argument employs a rhetorical device to over- describe in detail the asserted constitutional wrong. Having over-described the alleged constitutional right, it is then argued that the detailed description of the asserted right is not covered by the plain text of the Constitution."
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Article:
"Because ammunition sale prohibitions and regulations are covered by the Second Amendment, the presumption is that such restrictions are infringements."
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Article:
"To sum up, approximately 635,000 residents were required to undergo background checks in the last half of 2019, the denials of which prompted the arrests of 15 individuals which led to six criminal convictions."
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Article:
"If a state identification requirement for voting which burdens 4.5% of registered voters is an unconstitutional burden on the Fifteenth Amendment, surely a state identification requirement that blocks an untold number of gun owners from undergoing an ammunition background check and then rejects 11% of those who are checked, is likewise an unconstitutional burden on the Second Amendment."
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Article:
"If any background check system satisfies Bruen’s footnote nine description of a scheme put to abusive ends, as opposed to the system originally approved by the voters, this may be it."
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S'task

Renegade Philosopher
Administrator
Staff Member
Founder


Colorado Ignores Bruen, Moves to Ban All Semiauto Weapons


Rules for thee....

Why do they even try this? Like, this isn't even likely going to get to the Supreme Courts... hell, even back in the 1990s when Gun Control was at it's peak people would have expected the Courts to say a ban on all semi-automatic weapons was a violations of the 2nd.
 

DarthOne

☦️
Why do they even try this? Like, this isn't even likely going to get to the Supreme Courts... hell, even back in the 1990s when Gun Control was at it's peak people would have expected the Courts to say a ban on all semi-automatic weapons was a violations of the 2nd.

Except we aren’t in the 1990’s. The West is much more divided (at least by my understanding) and the political establishment has much more reason to make people’s lives difficult.
 

Abhorsen

Local Degenerate
Moderator
Staff Member
Comrade
Osaul
America really should split, IMO. we can have a gungrabber abortion happy socialist country, and a based country. You get a few years to choose where you want to live, then you are stuck. A national divorce.
 

Zachowon

The Army Life for me! The POG life for me!
Founder
America really should split, IMO. we can have a gungrabber abortion happy socialist country, and a based country. You get a few years to choose where you want to live, then you are stuck. A national divorce.
And then you basically have a nation with no power in the world who will become food for those that will leverage this to either start wars, or surround the based side and leave them alone to fight them.
 

S'task

Renegade Philosopher
Administrator
Staff Member
Founder
Except we aren’t in the 1990’s. The West is much more divided (at least by my understanding) and the political establishment has much more reason to make people’s lives difficult.
. . . What I mean is that Gun Control politically and legally was at its apex of power and influence in the 1990s. In that period the courts and legal schools were dominated by the "collective right" interpretation of the 2nd Amendment, the idea that the 2nd was an Individual Right was practically laughed out of the academy (no, seriously, I have Intro Constitutional Law textbooks written the year before DC vs Heller and it barely gives a few paragraphs to the Individual Right interpretation...), and the Democrats succeeded in passing a Federal Assault Weapon Ban and the Gun Control advocates in Congress were starting to even go mask off about wanting to ban all firearms banned and outright admitted to salami slicing tactics...

And even back then they knew that a blanket semi-automatic ban wouldn't have managed to be upheld in the courts. They never even tried it because they knew it was a bridge to far. To try this now, after Heller and Bruen have completely changed the calculus on 2nd Amendment jurisprudence seems utterly insane as even more gun control favoring Courts are going to treat this kind of ban with exceptionally heightened suspicion and likely be hostile to it.

And then you basically have a nation with no power in the world who will become food for those that will leverage this to either start wars, or surround the based side and leave them alone to fight them.
. . . That you think this is laughable. Splitting the US in two would create two countries that are occupy the number 1 and 2 slots of world economic and military power over Russia and China. Given the likely makeup of the "Based" US (being mainly Appalachia, the Midwest and South plus potentially Alaska) that is a lot of agricultural, resource, and technology base to "isolate" from the world (and they wouldn't want to, they'd want to trade with it), with a large population and enough resources they could be self sufficient, as well as plenty of ports to build a navy out of. The other successor states would also have considerable economic power to leverage.
 

Zachowon

The Army Life for me! The POG life for me!
Founder
. . . What I mean is that Gun Control politically and legally was at its apex of power and influence in the 1990s. In that period the courts and legal schools were dominated by the "collective right" interpretation of the 2nd Amendment, the idea that the 2nd was an Individual Right was practically laughed out of the academy (no, seriously, I have Intro Constitutional Law textbooks written the year before DC vs Heller and it barely gives a few paragraphs to the Individual Right interpretation...), and the Democrats succeeded in passing a Federal Assault Weapon Ban and the Gun Control advocates in Congress were starting to even go mask off about wanting to ban all firearms banned and outright admitted to salami slicing tactics...

And even back then they knew that a blanket semi-automatic ban wouldn't have managed to be upheld in the courts. They never even tried it because they knew it was a bridge to far. To try this now, after Heller and Bruen have completely changed the calculus on 2nd Amendment jurisprudence seems utterly insane as even more gun control favoring Courts are going to treat this kind of ban with exceptionally heightened suspicion and likely be hostile to it.


. . . That you think this is laughable. Splitting the US in two would create two countries that are occupy the number 1 and 2 slots of world economic and military power over Russia and China. Given the likely makeup of the "Based" US (being mainly Appalachia, the Midwest and South plus potentially Alaska) that is a lot of agricultural, resource, and technology base to "isolate" from the world (and they wouldn't want to, they'd want to trade with it), with a large population and enough resources they could be self sufficient, as well as plenty of ports to build a navy out of. The other successor states would also have considerable economic power to leverage.
And...how would you keep the military together in such a way? A split like this would be a split along state lines, and would destroy any semblance of a combined military force, and would require some states in one country to rely upon states in others.
This would lead to what would equal a reliance upon either the woke or the based country to supply the ither with such thing.

And with how close Woke states like California seem to be with major competitors like China.
At of what we have that gives us that edge, would be long gone.
Our entire satellite network would no longer be in control by one nation, but by two which would lead to a disastrous over management of tools.

The nation would not survive splitting.
We would no longer have the mot powerful military in the world, as it would be split as well, and potentially being heavily undermanned from both nations with little capabilities being met.

And that isn't even to say who gets the nukes...
 

DarthOne

☦️
And...how would you keep the military together in such a way? A split like this would be a split along state lines, and would destroy any semblance of a combined military force, and would require some states in one country to rely upon states in others.
This would lead to what would equal a reliance upon either the woke or the based country to supply the ither with such thing.

And with how close Woke states like California seem to be with major competitors like China.
At of what we have that gives us that edge, would be long gone.
Our entire satellite network would no longer be in control by one nation, but by two which would lead to a disastrous over management of tools.

The nation would not survive splitting.
We would no longer have the mot powerful military in the world, as it would be split as well, and potentially being heavily undermanned from both nations with little capabilities being met.

And that isn't even to say who gets the nukes...
Translation:

Noooooo, change is scary! We must stick with the globohomo!
 

Cherico

Well-known member
And...how would you keep the military together in such a way? A split like this would be a split along state lines, and would destroy any semblance of a combined military force, and would require some states in one country to rely upon states in others.
This would lead to what would equal a reliance upon either the woke or the based country to supply the ither with such thing.

And with how close Woke states like California seem to be with major competitors like China.
At of what we have that gives us that edge, would be long gone.
Our entire satellite network would no longer be in control by one nation, but by two which would lead to a disastrous over management of tools.

The nation would not survive splitting.
We would no longer have the mot powerful military in the world, as it would be split as well, and potentially being heavily undermanned from both nations with little capabilities being met.

And that isn't even to say who gets the nukes...

France started the pre revolutionary era a complete mess. It exited it a force that almost successfully conquered europe, also the US is remarkably unusually stable by national standards. Not having some kind of revolution or civil war in over a 150 years is actually the weird thing by historical standards.
 

Captain X

Well-known member
Osaul
And...how would you keep the military together in such a way? A split like this would be a split along state lines, and would destroy any semblance of a combined military force, and would require some states in one country to rely upon states in others.
This would lead to what would equal a reliance upon either the woke or the based country to supply the ither with such thing.

And with how close Woke states like California seem to be with major competitors like China.
At of what we have that gives us that edge, would be long gone.
Our entire satellite network would no longer be in control by one nation, but by two which would lead to a disastrous over management of tools.

The nation would not survive splitting.
We would no longer have the mot powerful military in the world, as it would be split as well, and potentially being heavily undermanned from both nations with little capabilities being met.

And that isn't even to say who gets the nukes...
I mean... My home state has an awful lot of them. The question is if we'd be able to establish and keep local control of them.
 

Zachowon

The Army Life for me! The POG life for me!
Founder
I mean... My home state has an awful lot of them. The question is if we'd be able to establish and keep local control of them.
That is a other thing.
A divided nation wouldn't be allowed without lines being redrawn
 

Zachowon

The Army Life for me! The POG life for me!
Founder
I'd be fine with that. Like greater Idaho would be a good example.
But then you would not get all the benefits needed to survive. Military bases are often in blue cities.
Due to nature of the areas they are in.
 

Abhorsen

Local Degenerate
Moderator
Staff Member
Comrade
Osaul
But then you would not get all the benefits needed to survive. Military bases are often in blue cities.
Due to nature of the areas they are in.
Well, yeah, we'd lose some military bases. We'd keep some military bases. Obviously we'd lose stuff, but we'd also lose the commies, which is the greatest win possible.
 

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