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Texasgrillchef

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    Texas, Illinois, Maryland & Utah LTC Instructor, frequent Traveler, Off-Roader, Bronco Badlands x2, Gun Rights lobbyist.

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  1. It will be interesting to see how quickly he is issued his permit. Or if they find another excuse.
  2. The thing is, if you really think about it. Whatever age you choose to officially become a legal adult 16, 18, 21, 26, 35. There will ALWAYS be someone not responsible enough to handle those responsibilities of an adult. No different then we will always have criminals and idiots who will break the law and do bad things. My point is that we as a society “breed” responsibility and maturity. Those 16 year olds who can handle the responsibility of being an adult making adult decisions were TAUGHT and REQUIRED to do so for whatever the reason. 16yo’s in 3rd world countries are in general far more “mature” then 16yo’s is the western modern world. Hmmm I wonder why? (Sarcastic) Or even those 16yo’s during the revolution, or civil war. The point is, if we are going to make 18 as the age of consent, the age to vote, get drafted, join the military, be charged as adult IF you commit any type of crime and otherwise be a legal adult. Then the 2A applies to them as well at 18. If we are not comfortable with that. Then we raise the age for all of it to 21 or whatever. Some might say… well the drinking age is 21. I say true, but drinking and using alcohol is NOT a constitutional right either. Therefore totally different.
  3. I don’t disagree with you. But are you actually telling me, that these State AG’s always fight to the best of their abilities? I can promise you that many intentionally leave holes opened, to give the plantings opportunity. There are times a state AG will drop a case, or allow a case to be dismissed. Take a look at at Wrenn v D.C. Wrenn won the case, but D.C. was pressured by NY, CA, and NJ NOT to file an appeal with SCOTUS for fear SCOTUS would take the case and rule against them. Suffice it to say NY ended up being the Scapegoat there and lost it for everyone anyways. A win for us though. Texas AG isn’t required to file an appeal. However, anyone who realizes how things work, realize that the best thing to do for either side is an appeal. An appeal helps both sides. Even we don’t want this case to end at the district level. This is part of the problem with our court and Justice system. The best system in the world. Yet there isn’t really a satisfactory fix. This case will go to SCOTUS and at least get a petition for cert filed. SCOTUS may not grant (at least for this case) but it will get there. The only things that are not certain are the following. How the 3 judge panel will rule, if an En Banc hearing will be grants, if an En Banc hearing is granted how they will rule, and if SCOTUS will grant. I suspect that the 5th circuit won’t grant a En Banc hearing. If Texas is the one filing a petition for cert with SCOTUS I doubt it will be granted. I suspect if SCOTUS grants a petition for cert on the 18-20yo issue. It will be for a circuit that rules against 18-20yo. This is exactly why we need circuit split.
  4. Yes if there were to stand unappealed, it would only be effective for Texas. However, it will be appealed. If the 3 judge panel upholds the district opinion and the En Banc panel does as well. It will then effect all the states in the 5th circuit. The point though is for it to go to SCOTUS to get a national ruling.
  5. We give them guns in the army. Many go into the army with all sorts of issues, including legal ones. The thing is… if you can die for your country at 18, if you can fight for your country at 18, then you should be able to have all the rights too. BTW. Our revolution was fought with many 16 year olds in the militia and the regular army. why is it a 16yo in 1776 was mature enough then, and one now isn’t? It’s how they were raised. If we don’t expect a 18 yo to act and be responsible they won’t. If we do they will. Thats on us as a society, not on them.
  6. Being from Texas, and having worked with several politicians on various laws in the state. This is what I can tell you is going on regarding strategy. 1. multiple similar 18-20yr old cases have been filed around the Nation in many different Circuit courts. This is done for two reasons. Too either get all circuits to agree, or more likely to happen a circuit court split. SCOTUS is more likely to grant cert for a case where a circuit court split has happened. CA5 gives us our positive side. CA9 will probably give us our negative. 2. while all the politicians including MCraw are very much Pro2A and actually support 18-20 years old carrying. In fact under certain circumstances they can be granted a LTC. They will appeal this case. why? Because one, unless a case is decided by SCOTUS it won’t become national law. Two, if we stop here. Texas LTC holders may loose reciprocity with some states over the fact we now would have to issue to 18-20 year olds. To stop that, we need it to go national. Therefore Texas will appeal. If Either side loses, an En Banc hearing will be requested. Granted or not. The losing side will still file for cert. Because again without a SCOTUS decision it won’t go nationwide. Texas also will NOT be “mooting” the case next year during our legislative session . Again because we all want it to go to SCOTUS so it forces the decision nationwide. Hopefully while it can’t be used as precedent. Hopefully this case will be used as reference for the other similar cases in the various federal district courts and courts of appeal.
  7. That’s another reason the En Banc court wants it to go back to district to have an opinion written after Bruen
  8. Well there are time limits for filing appeals, and filing for an En Banc hearing. However, as far as I can tell there are no time limits for a Justices issuing opinions. That being said though. They can’t indefinitely hold off an opinion without just cause. Staying cases is also another tactic. Such as many cases here stayed and held in abeyance due to the NYSPRA v Bruen case. I will do some research and see how long they can hold opinions before someone can take action.
  9. All of that is now irrelevant since Bruen. Justice Thomas clearly stated in his Bruen opinion a clear explanation of Heller and McDonald and went on to clarify many other issues. Then next 10-15 cases in the next 1-3 years will start to define the new era of “gun control” and what laws will stand and those that will be enjoined and overturned.
  10. This isn’t as bad news as everyone thinks it is. St Benitez isn’t going to change his ruling. The only thing this does is delay the inevitable. Ca will appeal this back to the 9th Circuit. Then on to the En Banc. Which if they don’t uphold Judge St. Benitez. They know SCOTUS will overturn their ruling. If it end up in front of SCOTUS with an improper ruling they will end giving the 9th circuit an opinion they won’t like. So all the 9th circuit is trying to do is delay it for as long as they can.
  11. Wondering how they will do that. That have to keep it historical in context with the times of 1791 for the 2A. And 1868 for the 14th. He is going to be hard pressed to do that without sounding racist. Until the AWB came along. There no class of firearms banned by our government. The had sensitive places maybe, such as whole towns. But let’s keep in mind that those whole towns were NOT in any area that was officially a state at the time, and were only in Territories of the USA. Big difference, and even Thomas has said so. It’s one of the rains Thomas wrote the Bruen opinion like he did, and the other 5 justices voted with him on TTH being limited in Scope to 1791 and 1868. They knew very little gun laws existed at the time, and those that were, were very limited in scope. Also people didn’t challenge the constitutionality of a law to the same level we do today as well. They think they have an argument but they don’t.
  12. One option is go to trial, and let the jury find her guilty. Then she can appeal. As long as the appeals court and IL Supreme Court uphold the conviction then she can take it to SCOTUS. However…. IL SC could still vacate and remand. It is a mess for sure. At this point the DA should request dismissal, and the court should grant. This won’t be settled with Brown. Someone needs to file a cival suit. The ILSC refuses to rule one way or the other on the FOID.
  13. Part of the problem, is that the state won’t give up and drop the charges against brown. They don’t want the case dismissed. In once instance their the ones that appealed one decision. The case would end and be over if the state dropped the charges. Their failure to do so is leaving the district court in a tough place The district court refuses to convict. The state AG refuses to drop the charges. I think there are only two ways for this (FOID act) someone to file a cival lawsuit to challenge the constitutionality of the FOID act. Or for the court to find Brown guilty and let brown appeal. So that the higher courts either have to uphold the conviction, or reverse based on constitutionality, thus backing the IL Supreme Court into a corner making them uphold the conviction or reverse it. The way it’s going now. The Supreme Court keeps remanding. One other thing is certain. Because this is an election year, they don’t want to rule on the constitutionality of the FOID act, or provide a means for it to go to SCOTUS. I am actually surprised the GOA or FPC or NRA hasn’t stepped up to support a lawsuit to overturn the FOID.
  14. Well all good thoughts and logic but let’s take a step back here and look at a somewhat prior case. Wrenn v D.C. in which that lower court held in favor of wrenn against D.C. basically wha the Bruen decision did for carry outside the home. D.C. was about to file a petition for cert with SCOTUS, but was pressured by states like NY and California not to purse it as to force the issue on the other May Issue states at the time. NY currently is the only state to give SCOTUS a big FU. With. The Gov. Calling the legislature back to pass a new law. No other state has done that yet. Hawaii Just has no started issuing permits yet. Soon maybe, just not yet. Ca is all dependent on where your at. That being said though…. The courts in certain areas are granting extension of time to prolong the case. One strange exception is an Obama appointed judge in Colorado issuing a TRO. Bianchi v Frosh though is being set for oral argument but not at district court level. The 3 judge panel wants to rule on this one for some reason. Then again too… one has to consider the courts they are in, and who the judges are at what levels, and what procedures are available to be followed. When Judge St Bonitez rules the same way… Bonta can still appeal back to the 3 judge panel. Giving the 3 judge panel an additional opportunity to find another chance to reverse the district courts opinion. 9th circuit En Banc will deny En Banc. Then a petition for cert with SCOTUS will be filed. SCOTUS is aware that there are over 8 different AWB cases still pending. So they will either hold Miller, or they will Grant. Which AWB will be the best to grant cert on is all a matter of opinion. Even though those who are fighting to keep the AWB know they will eventually LOSE, they still want to delay that outcome as much as possible, and cost us as many dollars as possible, even though they will have to pay it in the end. They aren’t playing to minimize damage… they are playing an ALL or NOTHING game. They are all in, playing for all the marbles. This was evident in NY. They could have MOOTED the case, like they did with NYC in 2020. They could have put the new law they have now back in 2021. They didn’t. They decided to wait till after to see what and how they could change to meet the new decision. They know the new Bruen or Hochul case if not both will end back up in front of SCOTUS. They know they will loose though too. However… one big thing that is driving all of the politicians, because this year is an election year. They have to show they are trying to fight, even if they loose later.
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