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SCOTUS? We Don't Need No Stinking SCOTUS! (a Call to Action)


mauserme

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In case you haven't filed a witness slip already...

 

 

SCOTUS?

We Don't Need No Stinking SCOTUS!

 

Out going Illinois Representative Kathleen Willis established a long tradition of ignoring the US Supreme Court decision in DC v Heller with her perennial filing of safe storage bills. When called out at a town hall meeting, she was quoted as saying she didn't want to hear anything about the Supreme Court.

 

Now that she is on the verge of being legislative history, Representative Bob Morgan seeks to take her place with the filing of HB5855 Firearm – Assault/FOID/Restrain.

 

As an attorney, one would expect Mr. Morgan to understand that the “text, history and tradition” mandate the Supreme Court gave us in New York State Rifle and Pistol Association v Bruen raises the Second Amendment level of scrutiny higher than we've ever seen in a century of case law. This level of scrutiny is higher than the intermediate level his logic is based upon; higher, even, than strict scrutiny.

 

One would expect him to know, and share with his followers, that in addition to finding against New York, the Supreme Court vacated the lower court ruling in Bianchi v Frosh, because the 4th Circuit was wrong when it upheld Maryland's “assault weapon” ban.

 

It would be reasonable to think Mr. Morgan knows that ANJRPC v. Bruck and Duncan v. Bonta were vacated at the same time, because the 4th and 9th Circuits were wrong when they upheld magazine bans.

 

He could be expected to know that a panel of the 9th Circuit Court of appeals found California's age based ban on gun purchases unconstitutional with subsequent instruction to take NYSRPA v Bruen into account.

 

And what of red flag laws? In his Caniglia v Strom concurring opinion, Justice Alito has already intimated that those are ripe for challenge. Mr. Morgan's bill would make Illinois' red flag law worse, helping bring the inevitable that much sooner.

 

Devices to facilitate discharge of a firearm? Yet another opportunity for Illinois gun owners to embarrass the likes of Mr. Morgan in court, should his bill become law.

 

He should know these things. He probably does know these things. Yet, he chooses to keep this information from the people who need it most.

 

The days of the two step, interest balancing gun rights analysis are gone. The case law Mr. Morgan cites is moot. Constitutional law is back. The Second Amendment itself is the entirety of the allowed interest balancing, as the Founders intended.

 

And the Supreme Court of the United States is of no greater importance to this great land than it is at this very moment.

 

 

Join us in opposing HB5855. File witness slips now, and stay alert for possible future Calls to Action regarding additional hearings on this, and potentially other legislation.

 

 

HB5855 Firearms - Assault/FOID/Restrain

 

OPPONENT!

 

Read More About This Bill

 

File an OPPONENT Witness Slip

 

(use the Section III drop down to choose

House Bill 5855 Protect Illinois Communities Act)

 

Track the Witness Slips

 

 

 

 

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  • mauserme changed the title to SCOTUS? We Don't Need No Stinking SCOTUS! (a Call to Action)
On 12/8/2022 at 5:30 PM, steveTA84 said:

Whoever is writing the call to actions, they are awesome. I dig the more “aggressive” posturing 

 

I will speculate (and can only speculate) that whenever the pro-2A folks speak in upcoming hearings, or in meetings, that their listeners are going to get a healthy diet of "post-Bruen reality".   

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On 12/8/2022 at 7:06 PM, ragsbo said:

Until the Courts start holding these folks in contempt and arrest them for violating our constitutional rights the courts have ruled on, then they won't stop. IF they paid for thier crimes and sins like the liberals socialists commies try to do to a person they hate, they might stop. 

Ask a liberal what they want to do to the prison system?  Empty them.  Not to mention they don't care or want to deal with courts anymore.  Heck, many of them don't show up when their day comes anyway.  But this is what they want to flood the system with?

 

Also, done.

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On 12/9/2022 at 2:29 PM, mauserme said:

Just an FYI, HB5855 is scheduled for a subject matter hearing again on 12/15/2022.

 

Here's the witness slip link.

Please explain to the dim witted (me) that shows less than 10 and won't let me says I did already, I did on the other link/totals but apparently not on this link, 

 

 

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