Federal Court Strikes Down Pistol Tax, Registration, Carry Ban, Assault Weapon Ban, Caliber Limits

[JosERW]

Did I miss something or is this not huge for us?

Federal Court Strikes Down Pistol Tax, Registration, Carry Ban, Assault Weapon Ban, Caliber Limits - The Truth About Guns

 

[JosERW]

Court strikes down sweeping gun control measures in U.S. territory

"Next, the court struck down arbitrary rules on what constitutes an “assault weapon.” She clarified that rifle attachments such as pistol grips that protrude beneath the action, thumbhole stocks, folding or telescoping stocks, flare launchers, flash suppressors and forward pistol grips, make guns safer.

“To the extent that the Commonwealth worries about stray bullets striking innocent bystanders, features that make guns more accurate — as it appears most of the grips and the flash suppressor may do — actually serve public safety by making such stray shots less likely,” Manglona said."

 

[Dr. Evil]

I guess it's a start. Too bad I don't live in the Northern Mariana Islands.

 

[ArmedCorgi]

Add the Mariana's to the list of places to consider moving to. Even US territories have it better than our actual state.

 

[JosERW]

Does this not provide a split or a ruling other circuits can go off of?

 

[ArmedCorgi]

It certainly creates precedent.

 

[JosERW]

Her reasoning for ruling the "AW" ban was unconstitutional was exactly the opposite of what every other court has ruled. The only negative is she didn't rule in favor of standard capacity magazines.

 

[JosERW]

Their law was even called "SAFE."

 

[JosERW]

"Murphy next challenges SAFE’s ban on assault rifles. See 6 CMC § 10208(a)(5) (unlawful to possess “assault weapons”). In particular, he argues that the Commonwealth violates the Second Amendment by prohibiting certain rifle attachments: (1) a pistol grip under the action of the weapon; (2) a thumbhole stock; (3) a folding or telescoping stock; (4) a flare launcher; (5) a flash suppressor; and (6) a forward pistol grip. See 6 CMC § 10101(e)(1)(i).27 The Commonwealth argues that the ban passes intermediate scrutiny because it serves the important government interest of maintaining public safety. The Court disagrees. In fact, the evidence suggests that the banned attachments actually tend to make rifles easier to control and more accurate—making them safer to use. Because the Commonwealth’s ban does not match its legitimate and important interest, the ban fails intermediate scrutiny and will be struck down."

Start reading at page 37. Amazing... http://www.nmid.uscourts.gov/documents/decisions/1-14-cv-00026-109.pdf

 

[JosERW]

"To the contrary, it appears that several of the attachments would actually make self-defense safer for everyone. To the extent that the Commonwealth worries about stray bullets striking innocent bystanders, features that make guns more accurate—as it appears most of the grips and the flash suppressor may do—actually serve public safety by making such stray shots less likely. Because the assault weapons ban does not support the Commonwealth’s legitimate interest in protecting the public, it fails intermediate scrutiny. The Court will strike down the bans on the following rifle attachments: (1) pistol grips that protrude beneath the action; (2) thumbhole stocks; (3) folding or telescoping stocks; (4) flare launchers; (5) flash suppressors; and (6) forward pistol grips. The ban on grenade launchers, as stated in 6 CMC § 10101(e)(1)(i)(D), is not challenged, and so the Court will not address it here. 30"

 

[Catskillkid]

All well and good. Add one to the good guys column. But if and when this forces SCOTUS's hand we currently have a split decision. And if Hillary gets elected...well, you know.

 

[JosERW]

Hopefully Trump wins, but even so. I don't know if the court has the balls to defy Heller and turn millions of Americans into criminals. The cat is out of the bag. These firearms are more than common. The court would literally be declaring war on the Second Amendment if they did this and 1/3 of the country would view the ruling as illegitimate.

I think they'd be more than happy sticking us with some sort of registration scheme or something.

 

[livingston]

Hopefully Trump wins, but even so. I don't know if the court has the balls to defy Heller and turn millions of Americans into criminals. The cat is out of the bag. These firearms are more than common. The court would literally be declaring war on the Second Amendment if they did this and 1/3 of the country would view the ruling as illegitimate.

I think they'd be more than happy sticking us with some sort of registration scheme or something.

Liberals would love to see tens of millions of gun owners nonvoters. make everyone a felon make them non gun owners and non voters ...It will solve a big problem for them

 

[prambo]

Liberals would love to see tens of millions of gun owners nonvoters. make everyone a felon make them non gun owners and non voters ...It will solve a big problem for them

They'd have to all be arrested, arraigned, tried and convicted first. Not going to happen.

The power of the "authorities", as it were, is grossly overestimated. Sooner or later there would be very strenuous objections to such a move.

I honestly don't believe that many LEOs would participate to any appreciable degree.

 

[Acer-m14]

Add the Mariana's to the list of places to consider moving to. Even US territories have it better than our actual state.

i agree .. .. looks nice there ..

 

[Saltwater60]

Wow. Good news for once. Can that judge come to nys.

 

[Marine Cpl]

This is why the Trump election is important. With the split, the Supreme Court can hear the case. After Hillary appoints Judges, they will take the case with haste.

 

[FN FAL]

The couple who filed the case won an earlier case against the law banning handguns. CNMI government effectively ignored the court decision, which is what they will do with this too.

But CNMI is US territory, so it is legal precedence in USA.

 

[NirvanaFan]

There isn't a split, because this didn't make it to the circuit courts. In order to make it (to the unfriendly 9th Circuit), it would have to be appealed and they would have to take the case. Only then would we have a split where SCOTUS may take the case.

 

[JosERW]

According to Charles Nichols the Commonwealth is not appealing so this does jack squat for us. So as it stands now people in the Northern Mariana Islands have a lot more rights than people in NY.

This country is a joke.

 

[eagleridge357]

i agree .. .. looks nice there ..

The one showing her midriff is named Mary Anna....she is the one who lobbied for the islands to be named after a hot young lady. they accepted her suggestion, and added a French twist....Mariana....now you know the whole story

 

[JosERW]

The one showing her midriff is named Mary Anna....she is the one who lobbied for the islands to be named after a hot young lady. they accepted her suggestion, and added a French twist....Mariana....now you know the whole story

And now she can own an AR15 and openly carry a handgun... but you can't. 'Merica.

 

[Greywolf224]

I guess it's a start. Too bad I don't live in the Northern Mariana Islands.

You must of been a sarcastic character growing up.....a very good quality in my book!

 

[spat]

They'd have to all be arrested, arraigned, tried and convicted first. Not going to happen.

The power of the "authorities", as it were, is grossly overestimated. Sooner or later there would be very strenuous objections to such a move.

I honestly don't believe that many LEOs would participate to any appreciable degree.

If it came to an order to round up gun owners in bulk, they would find officers who would do it. Not sure how long they would last, but they would find some who would try.

 

[4excal]

I guess it's a start. Too bad I don't live in the Northern Mariana Islands.

Mighty funny Doc..miiiighty funny indeed!