Judge Finds Obliterated Serial Numbers Law Is UNCONSTITUTIONAL
- Thread starter livingston
- Start date
livingston
20×102mm Vulcan
Until recently, federal courts uniformly applied at least intermediate scrutiny to firearms laws and conducted a means-end analysis to determine whether the state’s interest in the regulation was sufficient to overcome whatever burden the law placed on one’s Second Amendment right. See, e.g., United States v. Carter, 669 F.3d 411 (4th Cir. 2012). In Bruen, however, the Supreme Court of the United States determined that all of the lower courts had been incorrect in applying means-end scrutiny. N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). Rather than balancing any government interest, no matter how important the interest may be in our modern society, the Supreme Court reaffirmed what it said in Heller: “Constitutional rights are enshrined with the scope they were understood to have when the people adopted them.” Id. (quoting District of Columbia v. Heller, 554 U.S. 570, 634–35 (2008)) (emphasis in original). Because the Second Amendment was adopted in 1791, only those regulations that would have been considered constitutional then can be constitutional now.
gun_slinger_boy
.338 Win Mag
Eh. All these wins we've seen lately are localized which in turn is not helpful to almost everyone. Are there any wins that are broad besides Bruen which everyone ignores anyway?
kev74
20×102mm Vulcan
Patience grasshopper.
spat
.700 Nitro Express
The states do not want to allow those local wins to become national and permanent.
So they only appeal the ones they think they can win.
If the state loses, but doesn't appeal, there is nothing we can do to get it heard in a higher court.
Their answer is "you won, there's nothing for a higher court to overturn for you".
All we can do at that point is keep suing over and over and win each state individually, until one of them appeals.
The left are counting on the makeup of the court changing before we get through them all.
Saltwater60
.950 JDJ
Yes the district court wins are aggravating for sure. I’m frustrated as well with that and I don’t get it or why it’s so separated like that.
subsonic
.44 mag
Randy Price is still going to prison as a felon in possession. He may appeal and then DOJ may or may not cross-appeal on the serial number charge.
I guess you do not consider a Federal Court relevant? The effect is nationwide.
This will go up the chain on appeal, and affect NYS too, and its unconstitutional ghost gun ban.
Guns should come with paper hang tags and date codes only, not serial numbers. The Gov't did ntohave to number '03's or Garands...just a mfg code and date code underneath would have been sufficient.
A Fed Ct in Texas rules that people arrested on felony charges could keep their guns until conviction.
The entire GCA of 1968 and all the petty unconstitutional rules like the parts count bullshit rule, and Hughes Amdendment are on the way to the chopping block.
Wal mart is suing declaring that the FTC is unconstitutional and cannot regulate its money order business; and the implications are staggering, as unless the US Consitution establishes the agency, and Congress approves, it is moot. FDR in 1935 thought so too. Agencies cannot be independent of the executive branch and its limited powers...if the Consitution does not say it, it is unconstitutional, as si the abbrogation of the Congress in deferring to Agencies, as law makers and enforcers.
Rapid out of Control Federalism may meet its maker, in this coming decade.
This will go up the chain on appeal, and affect NYS too, and its unconstitutional ghost gun ban.
Guns should come with paper hang tags and date codes only, not serial numbers. The Gov't did ntohave to number '03's or Garands...just a mfg code and date code underneath would have been sufficient.
A Fed Ct in Texas rules that people arrested on felony charges could keep their guns until conviction.
The entire GCA of 1968 and all the petty unconstitutional rules like the parts count bullshit rule, and Hughes Amdendment are on the way to the chopping block.
Wal mart is suing declaring that the FTC is unconstitutional and cannot regulate its money order business; and the implications are staggering, as unless the US Consitution establishes the agency, and Congress approves, it is moot. FDR in 1935 thought so too. Agencies cannot be independent of the executive branch and its limited powers...if the Consitution does not say it, it is unconstitutional, as si the abbrogation of the Congress in deferring to Agencies, as law makers and enforcers.
Rapid out of Control Federalism may meet its maker, in this coming decade.
Saltwater60
.950 JDJ
The frustration is that the district court ruling only impacts a small percentage of the population as it moves through the courts. Yes we get the imbalance it creates and that it could eventually impact us the n nys.
Did Bruen affect us? Hochul says not.
All Decisions like this are relevant.
We must await the 2nd Circuits implementation of Bruen, and the ultimate reversal of Hochuls laws.............. the other cases will also be implemented nationally in time. It is a far better situation today, than a year ago.
All Decisions like this are relevant.
We must await the 2nd Circuits implementation of Bruen, and the ultimate reversal of Hochuls laws.............. the other cases will also be implemented nationally in time. It is a far better situation today, than a year ago.