Jump to content

Texasgrillchef

Members
  • Posts

    176
  • Joined

  • Last visited

Profile Information

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

Recent Profile Visitors

566 profile views

Texasgrillchef's Achievements

Member

Member (4/24)

  1. NY and Ca will get their butts handed back to them in a year or two when the new cases make it back to them, and it won’t take very long this time around either. SCOTUS and Especially Justice Thomas and Justice Alito don’t take to kindly to when a State thumbs their noses at them, and gives them the ole middle finger in defiance. Trust me, when the new cases make it back to them. You will see their wrath. They wanna think things are bad for them now? Just wait…. They will write a new opinion and or give them a mandate that will give them very little leeway. Who knows, maybe they (SCOTUS) is looking for a really good reason to give the nation constitutional carry. This may just be the camel that breaks the back of gun control. Especially if next year we get 3 or 4 more states to join the CC bandwagon and take it from 25 CC States to 28, 29 or even 30. Next year May get us PA, LA, NE, SC, and possibly FL. That would give us 30. The magical number is 34 though, 34 states go CC those 34 could easily push the issue with a constitutional convention and pass another amendment (only takes 34 states to ratify) and poof… we have CC nationwide!
  2. Keep in mind that there are big reasons why certain 2A cases were denied Cert even right before either of the NYSPRA cases, or even between the two cases. Two big reasons…. 1. SCOTUS was itching to slap NY a new one when they mooted the first NYSPRA cases. 2. The other cases if you looked closely all had little issues with them, issues big enough to creat problems if they took that case. 3. NY Sullivan’s law has been on the books for 111 years, it was racist to begin with. Clearly a law that needed knocked down even more so then any of the other May issue states. One thing to note, be prepared. NY and Ca are about to get their a** handed to them again here in the next year or two. SCOTUS and Especially Justice Thomas as well as Alito don’t take to kindly to states that flagrantly thumb their nose up to them and give them the ole middle finger. Trust me, when it makes it back to SCOTUS. You will see their wrath for sure! SCOTUS is no where done with their conservative issuing of opinions. Now they have a clear 6, things will be changing for sure.
  3. Last I checked, they are waiting on comments and briefs to see how much each side thinks the Bruen decision has impact on this case.
  4. Yes, and Heller and one other gentleman are challenging carrying in D.C. on public transit. If that goes to SCOTUS that will control and change what happens in NY on their subway. Even if it doesn’t, it lays groundwork for future cases. Thats the other thing too many don’t realize. Sometimes we need other cases to go first to lay groundwork for other cases. Even when those other cases on the surface don’t seem relevant. Take Bruen for example. Some would have said nothing about that case would help other cases like Mag Bans, or AWB. But in fact it does, and it did, and it will. Bruen laid out groundwork for how future 2A cases should be decided, it removed the previous old 2 step approach and replaced it with strict scrutiny using THT. It strengthens and explains Heller and McDonald in more detail. It even strengthend Heller and McDonald as well. So even though Bruen was mainly about good cause requirements on carry permits. It went far beyond that. It went on to even say we have a right to carry outside our home, we have a right to self defense and protection. It went on to say the 2A core meaning, or one of its core meanings is self defense and self protection. So sometimes we need those other cases to go first to help our case proceed as well. Currently in our courts, State, or Federal district, or Circuit are cases covering almost all aspects of our 2A rights. Those that haven’t been filed yet, will be when other cases are cleared with a win.
  5. Like several mentioned previously. it will require a lawsuit. A lawsuit requires a lawyer willing to take the case, but to win the case requires a lawyer skilled enough to do so. Those lawyers are few and far between. Many are already over booked. One of the best.. Paul Clement, has more cases then he can handle for the most part and isn’t even taking any new cases currently. (I checked) In addition to that, it requires deep pockets, lots and lots of money. The Bruen case, has cost almost a million bucks to prosecute. Duncan v Bonta, has cost almost that as well. It is not cheap to take a case as far as SCOTUS. Thats one reason you see so many groups like the NRA, or The FPC, NYSPRA, SAF, etc take on the big cases. Because we fund groups like that with our membership and our donations, and even purchases. Of course we get additional funding reimbursed when we actually win and the other side has to pay us back. That money in turn is used to fund new cases. Sadly there aren’t very many ultra rich that are willing to spend a million to help protect our rights. If I was Mark Cuban, with a few billion. I’d be willing to spare a million to take on a case. Instead of buying my third home for 50 mil. Hey but that’s me, to each his own. Someone, will eventually file suit and get FOID overturned. Keep in mind too thoug,ph, it took 111 years to overturn New York’s Sullivan law. Also realize, that their are priorities as well for each group. Some of the things that take priority now, are getting AWB’s, Mag Cap Bans, Ghost Guns, 3D printing, Bump Stocks, Triggers, Pistol Braces, Sensitive Places, and now even still carry permit laws overturned before we work on smaller items like FOID. Not to say overturning FOID isn’t important. But with your money if you could only support one cause above… which would it be? for me, all of my money donated to a cause is still be directed to overturn all the unconstitutional carry laws. And now we have even new ones coming from CA and NY still!
  6. Cival war? Maybe? Another Jan 6? I highly doubt they would go that far. That would alienate so many people that democrats would lose even more seats. In the past, when a state or city has defied the courts, the president has sent in the national guard. While the lower courts have thumbed their noses at the Heller decision in the last 10 years. They have not refused and ignored a mandate from the Supreme Court In a very very long long time. That being said though… while NY and California are whining and crying. Even Bonta in California have admitted defeat on th good case issue. Even NY has, as well as NJ. They are just trying other tactics, other ideas, just to see what they can get away with. See how far the can push it. Challenge the courts to see if they will uphold SCOTUS and even challenge SCOTUS to see if they will issue a mandate, or if they will back down again and start denying cert on 2A cases again. With over 50 2A cases still pending in our courts nationwide, they have to be careful about how many we win. The more we win. The more precedent it creates for future cases. Thus making it easer and easier for us to win Even more. Basically creating a snowball effect. Big difference between just having 1 or 2 cases to cite, and have 30-40 cases to cite.
  7. We will see push back with lawsuits on anything the ATF is trying to ban. Bump Stocks, Braces, triggers and more. Keep in mind the current Bump Stock cases are only challenging the ATF on its authority to regulate those items without clear and direct action by congress. It’s “ambiguity”. The ATF waived Chevron Deference, it’s still coming into play. Chevron deference was ignored in AHA and WV cases. So we are clueless what they are thinking on these cases. But keep in mind if we loose those cases we can always go back and file a new case based on the 2A and 14A because those aren’t issues we brought up before.
  8. I highly doubt we will get any movement on MG’s even relaxing the 1986 limit. Where we might get movement is when it comes to silencers first and foremost. We might even get some form of movement with SBR and SBS. We won’t get any movement for sure on other weapons, or on dangerous explosive weapons. So if you own a bazooka, and some shells, those I am afraid will remain on the NFA list.
  9. At this point in Illinois it’s up to the state AG and gov to issue orders to do things differently, next step is the legislature changing current laws. The other option is that at any point from today forward. Someone could file a lawsuit against the state to force them to change sooner. They could file a motion for a injunction and temporary enjoinment of the law. Otherwise, it’s up to the legislature, AG and Gov to make the needed changes. I fully expect it to take legal action to get Illinois to enjoin those unconstitutional laws. The one’s I expect will be challenged in Illinois. Any AWB, Mag ban, FOID, locations, Ammunition, and of course Open carry. What one’s needs to understand. Is that even though we won with NYSPRA v Bruen. The other 7 May issue states are NOT required to change their laws, and their laws have not been ruled invalid, and been enjoined. Those states either have to have their legislatures change the law, or a court has to issue a mandate to rule that states law invalid and to enjoin enforcement. Now most states AG’s are issuing orders to follow the demand of SCOTUS until the legislatures can meet and change the law appropriately. California and New York’s legislatures are working on that now and trying to do things that will again be challenged in court.
  10. That’s not an easy answer. So will explain it like this. Young V Hawaii and Duncan v Bonta are both in the 9th circuit. However, there are several other cases in the 9th circuit that are similar to young’s, and similar to Duncan’s. Those cases are on hold. They will come off hold, and those cases will immediately be decided in light of NYSPRA v Bruen. Those cases could be decided BEFORE the circuit court decides Young or Duncan. Those other cases are required to use the Bruen case because both Young and Duncan were GVR’d and because of Bruen case. All those other cases will effect all states in the 9th circuit. This is similar to Bianchi v Frosh and ANJRPC v Platkin and the other similar cases on hold because of Bruen and/or Frosh &/or ANJRPC. So those cases will affect those circuits. however… what’s interesting is that ANY NEW case filed in ANY district court, or even current cases APPEALED to the circuit court from the District will be required to use the BRUEN case for a decision. once these 4 cases get decided and a mandate issued by their appropriate circuit court. Those opinions will then be allowed to be used as case law for all future cases in all district and circuit courts because they were GVR’d by SCOTUS. So as far as any NEW cases filed, or any case that was recently filed and a hearing has yet to happen. Bruen will rule. One example of this is the case challenging the Washington State Magazine ban that goes into effect tomorrow. That lawyer has already file an emergency stay, using both Bruen, and the fact Duncan v Bonta has been GVR’d
  11. That’s because young was listed between the two cases, so it’s “included” as a grant vacate and remand. it’s weird aphis and why they do that. But they do. docket for young. Look at last entry https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-1639.html
  12. Just like I thought! all four granted vacated and remanded, all found unconstitutional! open carry coming to Illinois and all other 50 states. Magazine Ban found unconstitutional AWB’s found unconstitutional!
  13. Last order list to be released at 10:45 est. We will have resolution on those 4 cases that were in conference yesterday. cross your fingers!
  14. Here is one other thing to keep in mind in regards to issuing permits from previously “May issue” states. If a state were to deny permit applications for the reason of not providing “good and justifiable” reasons…. And they deny say 5 or 10 thousand of them. They might have issues in the court for doing that. however, it will be about 90 days before we know for sure if they have in fact started to issue permits. They may say they will, but until then do we won’t be for sure. hopefully they will, they should. but as we know not everyone does what they should. Now as far as this case goes, people v brown. I highly doubt at this point this case will get any parts enjoined, or ruled invalidated from being Unconstitutional. It will take another case, a cival lawsuit suing Illinois on all or parts of FOID as being unconstitutional. Who will take up that case? How long will it take? Eventually yes. As far as I can tell, no one has filed suit yet. Also keep in mind, that the four cases that was previously on Hold pending on NYSPRA case have now gone to todays conference (6-29-2022). So we should have answers on those cases tomorrow. Maybe Friday, but I suspect tomorrow. ANJRPC v Platkin, New Jersey Mag capacity ban Duncan v Bonta, California Mag Cap Ban Young V Hawaii, open carry permitting Bianchi V Frosh, Maryland AWB and Mag Cap ban Those 4 cases will make huge impacts nationwide on any state or city that have a AWB and Mag Cap ban. Young May end up bringing open carry to those states and areas that don’t allow it. Such as New York, California, Florida, and Illinois! (I might be missing somewhere too) Reciprocity &/or lacking the issuance of a non-Resident permit is about to be challenged in court. Illinois will be challenged for only doing 6 states, and not all 50. Many other areas and laws will be challenged soon as well. Just wait… Patience grasshopper!
  15. One of the 4 cases “on hold” with SCOTUS (Bianchi v Frosh) that is about to have a resolution deals with a AWB and Magazine ban. Those 4 cases were pending NYSPRA opinion. Those 4 cases should get resolution. Monday. Hopefully and I personally believe all 4 cases will get a PC. Grant, vacate, remand. Along with an opinion and probably dissents. There are I’ve a hundred other cases in various district, state and circuit courts that will start overturning many unconstitutional laws around the country. For 80%/Ghost Gun/3D printed guns. Those cases will have to make it SCOTUS to have any effect Nation Wide. All that is needed is for SCOTUS is to issue that case with a PC Grant, Vacate/affirm, remand. Vacate/affirm depends entirely of who is filing the Petition for cert. Keep in mind…. Supreme Court effects all laws nation wide. District court and Circuit court effects only those laws in the states in that circuit. State Court only effects that states laws.
×
×
  • Create New...