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Posted 24 September 2019 - 11:03 AM
https://drive.google...zANjfxoEHJ/view
Worman v. Healy requests review of a Massachusetts law banning "assault weapons" and certain magazines. A decision in this case by SCOTUS would likely impact decisions in Wilson and precedent from Friedman.
Edited by Silhouette, 24 September 2019 - 11:03 AM.
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Posted 24 September 2019 - 11:54 AM
- Albert Camus, Resistance, Rebellion, and Death, 1960.
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Posted 24 September 2019 - 02:13 PM
Posted 24 September 2019 - 02:42 PM
"Assault Weapon" is the term being challenged in the Massachusetts ban, and it is defined within the context of that law by the commonwealth of Massachusetts. The Sturmgewehr (translated: assualt rifle) you mention was successfully challenged in a different context by brave men on the field of battle. May Worman be as successful...
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Posted 24 September 2019 - 03:24 PM
"Assault Weapon" is the term being challenged in the Massachusetts ban, and it is defined within the context of that law by the commonwealth of Massachusetts. The Sturmgewehr (translated: assualt rifle) you mention was successfully challenged in a different context by brave men on the field of battle. May Worman be as successful...
Posted 24 September 2019 - 07:45 PM
I have no confidence in SCOTUS at all, I expect them to screw us over and not uphold the 2A..
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Posted 25 September 2019 - 02:47 PM
There are a couple of things in this text that I find intriguing and hopeful. The PDF states clearly that multiple lower courts have not followed the SC prior jurisprudence.
This Court has analyzed and confirmed the scope of this fundamental, individual right on three separate occasions. Heller, 554 U.S. at 625, 627; Mc-Donald, 561 U.S. at 790–91; Caetano, 136 S. Ct. at 1027–28. Yet the lower courts do not follow Heller and its progeny in reviewing firearm bans. (emphasis added)
With so many "lower courts" not following the rulings of those three cases, there is hope that the SC will rule against these infringements.
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Posted 25 September 2019 - 03:54 PM
There are a couple of things in this text that I find intriguing and hopeful. The PDF states clearly that multiple lower courts have not followed the SC prior jurisprudence.
This Court has analyzed and confirmed the scope of this fundamental, individual right on three separate occasions. Heller, 554 U.S. at 625, 627; Mc-Donald, 561 U.S. at 790–91; Caetano, 136 S. Ct. at 1027–28. Yet the lower courts do not follow Heller and its progeny in reviewing firearm bans. (emphasis added)
With so many "lower courts" not following the rulings of those three cases, there is hope that the SC will rule against these infringements.
I honestly believe this is where the Supreme Court is heading with the cases it's reviewing. It has become clear that many (most) lower courts to be blunt refuse to accept Heller, McDonald (and the unsigned opinion in Caetano v. Massachusetts) as precedent and rule contrary, this simply can't be allowed, nor tollerated in our judicial system and I think the Supreme Court is about to white glove the lower courts or worse smack them upside the head with the gavel over this refusal to follow their precedent.
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Posted 25 September 2019 - 04:02 PM
I honestly believe this is where the Supreme Court is heading with the cases it's reviewing....
- Albert Camus, Resistance, Rebellion, and Death, 1960.
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Posted 25 September 2019 - 04:27 PM
I honestly believe this is where the Supreme Court is heading with the cases it's reviewing....
Technically, the only firearms case it's currently reviewing is NYSRPA. Others have petitioned for certiorari, but not yet been granted. We might hear about some of them on October 7.
Yep, I understand that is the case now, but I also consider the fact they are hearing pentions for certiorari to be reviews as well as I firmly believe they are looking for a simple case like NYSRPA or another that can be used as the carrier for the white glove slap or multiple slaps.
Posted 26 September 2019 - 07:32 AM
I expect that we will learn a lot about SCOTUS's approach after the results of the long conference. Many 2A cases are being held, presumably pending the outcome in NYSRPA. NYC has arguably mooted that case (and they do argue it). Whether we like it or not, the state preempting the city should give court-watchers pause.
Given the court's respect for propriety in all matters and that improper readings of Heller et al are running rampant, I think it is quite possible that SCOTUS may choose a case other than NYSRPA as a vehicle to establish clear guidance on scrutiny (if applicable) for 2A cases. It's not like there aren't a lot of options to choose from...
Nip it
Posted 07 October 2019 - 08:36 AM
Nip it
Posted 07 October 2019 - 08:47 AM
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Posted 24 October 2019 - 02:17 PM
...
Under this Court's precedents, if arms are "in common use," they are constitutionally protected and cannot be banned.
But this Court has not defined "common use," and lower courts have struggled to define it themselves....
- Albert Camus, Resistance, Rebellion, and Death, 1960.
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Posted 24 October 2019 - 02:44 PM
Massachusetts has asked from more time to file its opposition brief.
Meanwhile, there's an amici brief from Cato Institute, Firearms Policy Coalition, Firearms Policy Foundation, California Gun Rights Foundation, Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms, Jews for the Preservation of Firearms Ownership, Madison Society Foundation, and Independence Institute.
...
Under this Court's precedents, if arms are "in common use," they are constitutionally protected and cannot be banned.
But this Court has not defined "common use," and lower courts have struggled to define it themselves....
The problem with 'common use' is that it's confined and controlled by existing laws. I have not doubt that 'sawed off shotguns' would be in common use by many today for home protection if they were not prohibted, same with full auto and suppressors, it's the existing prohibition(s) and restrictions that prevents them from reaching the 'common use' standard set in Wilson...
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Posted 25 October 2019 - 02:14 PM
- Albert Camus, Resistance, Rebellion, and Death, 1960.
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