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

cowboystatedaily.com

41–50 of 96 posts

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

#41

The 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...

Why bother with a thousand cuts when you can just pack the court and do it with one, as was accomplished today when the court effectively struck down the voting rights act?

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

#43
post #16
post #6

Earlier quoted context omitted.

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.

If even the district court rules this way it's hard to see a World where the supreme court doesn't also rule that way.

Unless there's been court packing by then of course.

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

#45
post #17

Earlier quoted context omitted.

"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?

Which part of "well-regulated militia" is difficult to understand? ;)

> Which part of "well-regulated militia" is difficult to understand?

The word "regulated", which has no semantic overlap with the modern meaning of the same word.

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

#46

The 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...

Why bother with a thousand cuts when you can just pack the court and do it with one, as was accomplished today when the court effectively struck down the voting rights act?

Nitpick: the court isn’t “packed”; it’s has 9 members since 1869.

The VRA wasn’t struck down either. The court just ruled that race based gerrymandering isn’t legal if it results in partisan advantage in such a district.

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

#47
post #19
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.

I was trying to save Colorado taxpayers and people that disagree some time and energy. To focus on what they can control which isn’t this.

Additionally I was alluding to the process of using a other circuit by bringing a case in another state that has similar laws as Colorado, thats the only way for a potential circuit split, forcing SCOTUS review.

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

#48

This is incredibly good news to anyone that believe in freedom of speech and expression.

that's the first amendment. this article is about the second amendment.

It's possible GP got it wrong, but there is a "code is speech" angle on this. Shapes can't be illegal.

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

#49

This is incredibly good news to anyone that believe in freedom of speech and expression.

that's the first amendment. this article is about the second amendment.

The second protects the first

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

#50

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…

> 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.

Somehow I doubt that many 2nd amendment supporters would be okay with "You don't need a registration number on your gun, it'll just be illegal to carry/use it anywhere except private property"

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