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Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns

cowboystatedaily.com

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Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns

#11

Post by mananaysiempre »

15155 wrote: post #8

Who 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.

> "Neener neener neener" isn't a valid legal theory.

Works surprisingly (depressingly) well when there’s no pushback. We’re not controlling news media, we’re just issuing broadcast licenses. It’s not a movie and videogame censor, it’s just a state agency for mandatory age ratings. (In at least one Western country that was literally a rebrand.) Or closer to TFA’s locale, we’re not regulating commercial activity within a single state, we’re just controlling its impact on the interstate market. (Don’t worry, it’s all for a good cause, child labor is bad after all.)

Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns

#12

Post by 15155 »

advisedwang wrote: post #9
15155 wrote: post #8

Who 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?

Tell me you have never actually read the statute without telling me.

Per the statute text, you may not manufacture a firearm for personal use in Colorado: the statute requires an FFL's license number (which you do not have) to be placed in the serial number string.

FFLs didn't exist in 1790 - therefore this fails Bruen among other standards.

Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns

#13

Post by iamnothere »

advisedwang wrote: post #9
15155 wrote: post #8

Who 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?

You don’t actually need a VIN on a car, you just won’t be able to register and drive a VINless car on public roads.

Some states seem to have designated even private roads as “public” if there is uncontrolled access (seems ripe for a court challenge though). But offroading or gated roads would be fine even here.

Some YouTubers have fun importing cheap Chinese cars that aren’t street legal and destroying them with extreme offroading.

Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns

#14

Post by SpicyLemonZest »

15155 wrote: post #8

Who 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.

"Neener neener" seems to be working out well for the gun rights advocates in the source article, who enjoy the absurd fiction that a lower receiver is a firearm and the entire assembly they attach on top of it is just "gun parts".

Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns

#15

Post by jmward01 »

akersten wrote: post #4

Ok, 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?

It will be fine to print a gun but there will be laws outlawing your ability to print an iphone case and printers will have to detect parts from any registered manufacturer. So we will get the worst of all worlds. printers only for guns and not for people to build useful things.

Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns

#16

Post by rtkwe »

yieldcrv wrote: post #6
akersten wrote: post #4

Ok, 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

Correct, it's only /binding/ on courts in the same District but they are often persuasive when cited in other districts if the decision is well reasoned and less controversial. This one will likely be contested, the circuits have very different ideas about gun rights.

Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns

#17

Post by 15155 »

SpicyLemonZest wrote: post #14
15155 wrote: post #8

Who 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.

"Neener neener" seems to be working out well for the gun rights advocates in the source article, who enjoy the absurd fiction that a lower receiver is a firearm and the entire assembly they attach on top of it is just "gun parts".

"Absurd fiction" aka "established law for decades." This concept of "serialized part" is a construct stemming from Democrat-established legislation.

What part of "shall not be infringed" is difficult to understand?

Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns

#18

Post by SpicyLemonZest »

15155 wrote: post #17
SpicyLemonZest wrote: post #14

Earlier quoted context omitted.

"Neener neener" seems to be working out well for the gun rights advocates in the source article, who enjoy the absurd fiction that a lower receiver is a firearm and the entire assembly they attach on top of it is just "gun parts".

"Absurd fiction" aka "established law for decades." This concept of "serialized part" is a construct stemming from Democrat-established legislation. What part of "shall not be infringed" is difficult to understand?

I think you know that you're deploying the "neener neener" strategy on me and I'm not interested in engaging with it.

Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns

#19

Post by rtkwe »

yieldcrv wrote: post #5

10th 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

I think you misunderstand how the courts work. No other court would rule on this case because it wouldn't be heard in another circuit and the Supreme Court is the ONLY court anyone can appeal to after a circuit court, the only other options are convening a larger group for an en banc hearing but that doesn't apply here afaik.

Re: Court Rules 2nd Amendment Covers Firearms Parts Good News Those Who Build Guns

#20

Post by Sohcahtoa82 »

iamnothere wrote: post #13
advisedwang wrote: post #9

Earlier quoted context omitted.

Those two things are in fact different. Does requiring a VIN on a car mean that cars are banned?

You don’t actually need a VIN on a car, you just won’t be able to register and drive a VINless car on public roads. Some states seem to have designated even private roads as “public” if there is uncontrolled access (seems ripe for a court challenge though). But offroading or gated roads would be fine even here. Some YouTubers have fun importing cheap Chinese cars that aren’t street legal and destroying them with extr…

Car/traffic laws don't apply on personal property (Though noise ordinances still would), but that won't stop cops from trying to ticket you anyways.

https://www.reddit.com/r/legaladvice/comments/dep350/receive...

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