Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns
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Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns
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Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns
#2The actual opinion: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/0101...
Full case record: https://www.courtlistener.com/docket/68598045/national-assoc...
Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns
#3The bigger question is constructive prohibition, i.e. can the government kill civil rights with a thousand cuts.
This opinion is mostly standing/housekeeping.
Here's a clean interpretation of the ruling https://law.justia.com/cases/federal/appellate-courts/ca10/2...
And the actual ruling [pdf]: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/0101...
Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns
#4Ok, so those bills in NY and WA about making it illegal to sell printers that don't detect firearm parts are dead in the water, right?
Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns
#510th circuit, no other circuit ruling on the case, a state bringing the case
I could see this standing, there's no point in the state appealing, as Colorado couldn't reach another appeals circuit, and appealing to the Supreme Court limits SCOTUS to an appellate court and no original jurisdiction so the court has no reason to rule on this
Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns
#6Ok, so those bills in NY and WA about making it illegal to sell printers that don't detect firearm parts are dead in the water, right?
my bet it is that it only affects the states in the 10th circuit, but could be assumed to be the law of the land, until a case is brought in which case there is only an issue if a different appeals circuit rules differently
Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns
#7Ok, so those bills in NY and WA about making it illegal to sell printers that don't detect firearm parts are dead in the water, right?
Those are different circuit courts where this ruling doesn't directly apply. However anyone who wants to challenge those laws would be stupid to not bring this to the judge - even though it doesn't apply, the judge still needs to justify why they are ignoring it and on appeal the circuit court will mention this ruling (either why they agree, or why they think it is wrong) - assuming the appeal is accepted.
Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns
#8Who knew that the "well ackshually, technically, we're not banning guns, we're just requiring a serial number! (one that you cannot legally apply)" strategy wouldn't work.
"Neener neener neener" isn't a valid legal theory.
Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns
#9Who knew that the "well ackshually, technically, we're not banning guns, we're just requiring a serial number! (one that you cannot legally apply)" strategy wouldn't work. "Neener neener neener" isn't a valid legal theory.
Those two things are in fact different. Does requiring a VIN on a car mean that cars are banned?
Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns
#10Who knew that the "well ackshually, technically, we're not banning guns, we're just requiring a serial number! (one that you cannot legally apply)" strategy wouldn't work. "Neener neener neener" isn't a valid legal theory.
Those two things are in fact different. Does requiring a VIN on a car mean that cars are banned?
Well, One is a right, the other is a privilege.