Gun Control Laws And Opposition

LightRoasted

If I may ...
For your consideration ...

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GURPS

INGSOC
PREMO Member
A downstate judge on Friday struck down the ban on high-power firearms and high-capacity ammunition magazines that Gov. J.B. Pritzker signed into law earlier this year, a ruling the Illinois attorney general’s office immediately appealed to the state Supreme Court.

The scope of the ruling was a subject of dispute, with the attorney for the state lawmaker who was the lead plaintiff in the lawsuit arguing that it applies statewide and Pritzker’s office contending it does not.

“We expected political grandstanding from those more beholden to the gun lobby than to the safety of their constituents and today’s ruling comes as no surprise,” Pritzker spokesman Alex Gough said in a statement, adding that “the governor is confident” the law ultimately will be held constitutional.




 

GURPS

INGSOC
PREMO Member
On Tuesday, a United States District Court judge ruled that SAPA is unconstitutional.

A controversial law signed by Missouri Gov. Mike Parson in 2021 has been ruled unconstitutional by a federal judge.
The “Second Amendment Preservation Act” banned local law enforcement from enforcing federal gun laws. Police departments could be sued and fined $50,000 for each and every violation.
It is an interesting fight, particularly after the June 2022 Bruen ruling by SCOTUS. Does the Second Amendment language, “Shall not be infringed,” extend to federal law enforcement action against citizens when the state is ordered to uphold and protect their 2A rights?

Therein lies the challenge.

On Tuesday, United States District Court Judge Brian C. Wimes ruled on an attempt to dismiss a lawsuit against “SAPA,” denying the attempt, and issued a summary judgment ruling the law unconstitutional.
Wimes said SAPA violates the supremacy clause of the U.S. Constitution, which states that in the case of any conflicting federal or state law, federal laws take priority.
Wimes wrote in his analysis saying while SAPA was intended to protect citizens, “SAPA exposes citizens to greater harm by interfering with the Federal Government’s ability to enforce lawfully enacted firearms regulations designed by Congress for the purpose of protecting citizens within the limits of the Constitution.”

So does the Bill of Rights supersede the Supremacy Clause or vice versa? Federalism, codified under the Tenth Amendment, is one of the bases for the SAPA law. Because of the overreach of the federal government, particularly in the areas of abortion and 2A rights, red state legislative houses are shoring up their laws to draw a brighter line on federalism. This law will be a major test of that line.


 

glhs837

Power with Control
So does the Bill of Rights supersede the Supremacy Clause or vice versa? Federalism, codified under the Tenth Amendment, is one of the bases for the SAPA law. Because of the overreach of the federal government, particularly in the areas of abortion and 2A rights, red state legislative houses are shoring up their laws to draw a brighter line on federalism. This law will be a major test of that line.
Hey, I know where we can find an unemployed Constitutional scholar.....

Barack Obama GIF by GIPHY News
 

GURPS

INGSOC
PREMO Member

Biden Fails to Explain How His 'Plan to Reduce Gun Violence' Will Stop Criminals




Calling it "just common sense," Biden did not explain how his executive order would keep firearms out of the hands of criminals who, unsurprisingly, don't follow gun laws. Also notably absent from his executive order and remarks on Tuesday was any action to secure the U.S.-Mexico border and stop those capitalizing on the open border to traffic guns, among other contraband.

The president continued, emphasizing the portion of his executive order aimed at expanding "public awareness campaigns about red flag laws" that Biden said would instruct Americans on how they can flag people they encounter as "a danger to themselves or others."

In addition, Biden's executive order directs the Federal Trade Commission to investigate and report on "how gun manufacturers market firearms to minors and how much manufacturers market firearms to all civilians, including through the use of military imagery."
 

GURPS

INGSOC
PREMO Member

Second Circuit to Hear First Comprehensive Post-Bruen Firearms Statute Challenge



The State of New York’s Response to Bruen

New York and other blue states impacted by the Court’s decision immediately began attempting to work around the ruling, which resulted in New York passing its new Concealed Carry Improvement Act (CCIA) only eight days after the Court’s ruling, as we covered here: New York Democrats Undermine Supreme Court 2nd Amendment Ruling In New Legislation

This new law, “intended to thwart the SCOTUS decision,” prohibits concealed carry in “sensitive places” such as “health care facilities; houses of worship; colleges and universities; places where children gather, such as schools, day care centers, playgrounds, parks and zoos; public transportation; places where alcohol or cannabis is consumed; and theaters, concerts, casinos and other entertainment venues.” It also prohibits concealed carry “in any business that does not post a sign saying it’s OK.”

Additionally, although “SCOTUS struck down the prior law as giving too much discretion to the state,…the new legislation has plenty of fuzzy, judgmental standards that reestablish discretion,” such as…add[ing] new requirements for New Yorkers to receive a concealed carry permit, including 16 hours of training on how to handle a handgun, two hours of firing range training, an in-person interview and a written exam, as well as a review of social media accounts.”


As we concluded when the new law was passed, these requirements, taken as a whole mean that “basically, you cannot actually carry. The entire scheme is a willful and knowing evasion of a constitutional right.”

Post-CCIA Litigation Finds New Statute Unconstitutional​

Of course, litigation ensued, and in October, as we reported, “U.S. District Court Judge Glenn Suddaby found critical parts of New York’s gun law, the Concealed Carry Improvement Act (CCIA), unconstitutional.” Not only did Northern District of New York Judge Suddaby, in Antonyuk v. Hochul, strike down almost all of the “sensitive places” prohibitions in the law, he also “blocked the part where applicants must prove “good moral character” and allow authorities to review their social media profiles.” That 184-page court decision, on Plaintiffs’ motion for preliminary injunction, can be found here.
 

Hijinx

Well-Known Member
After they arrest Trump and he dies in prison like Epstein, they may wish even harder that they had gotten our guns.

What is wrong with a country in which political leaders have been trying for 7 years to destroy a man who has done so much good for the country, while ignoring the crimes committed by their president, and his family.

Attack after attack---Stories made up out of whole cloth like the Russian hoax, a historic raid on the home of a former President, with officers wearing body armor and carrying machine guns, looking through his wife's underwear drawer, while allowing Biden's lawyers to decide what he has.
And now some BS misdemeanor they are trying to turn into a felony about how he had his lawyer pay off some tramp, while the tramp had to pay Trump $300,000 dollars. You mean the Attorney general of New York--a city and State people are leaving in droves because of crime--has nothing better to do?
 
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