SAF Issued file new law suit challenging common semiautomatic rifle ban

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  • Melnic

    Ultimate Member
    MDS Supporter
    Dec 27, 2012
    15,282
    HoCo
    Question,
    Do they shoot the whole thing down if they find one part wrong with it?
    In other words if they find the HQL unconstitutional, do they remove the ban on the former regulated long guns?
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Question,
    Do they shoot the whole thing down if they find one part wrong with it?
    In other words if they find the HQL unconstitutional, do they remove the ban on the former regulated long guns?


    Nope. These are all separate statutes.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Amicus brief of Arizona, West Virginia, et al. (25 states!) submitted in support of petitioners
    http://www.supremecourt.gov/DocketPDF/21/21-902/211475/20220126160731205_States%20Amicus%20Bianchi.pdf

    I am not sure it will make a lot of difference. If we look at Kolbe

    https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-127.html

    They had 21 states and 7 other amici supporting petitioners, yet it was denied at the first conference it was considered at.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    FKI-PgTVIAU6JW4
     

    Rabu Rabu

    Operatoroperatoroperator
    Sep 10, 2012
    333
    Cambridge, MD
    I bet it is held and then a GVR in light of NYSRPA2.

    Are we expecting NYSRPA to do something for us that would require a GVR? It doesn't really seem like the kind of case that would effect this one, unless they go all in on re-defining what falls under Heller, but maybe I'm missing something.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    They’re currently sitting on ANJRPC v. Bruck, the challenge to NJ’s magazine ban and at least one justice has shown interest in MD’s ban. NYSRPA is being written right now, so it may be a signal that enough Justices know that whatever they’re going to do is going to have ramifications for these other cases.

    They’re also sitting on Young v. Hawaii, but that is about carry and the scope of the 2A outside the home.

    We’re in an interesting time. If I had to guess at who’s writing NYSRPA, I’d guess Kavanaugh. https://reason.com/volokh/2018/07/09/judge-kavanaugh-and-the-second-amendment/

    Roberts doesn’t want to be in the minority on this case, as he gets to pick its author and there ain’t no way he’d let Thomas do it.

    My second guess is Alito.
     

    Rabu Rabu

    Operatoroperatoroperator
    Sep 10, 2012
    333
    Cambridge, MD
    They’re currently sitting on ANJRPC v. Bruck, the challenge to NJ’s magazine ban and at least one justice has shown interest in MD’s ban. NYSRPA is being written right now, so it may be a signal that enough Justices know that whatever they’re going to do is going to have ramifications for these other cases.

    They’re also sitting on Young v. Hawaii, but that is about carry and the scope of the 2A outside the home.

    We’re in an interesting time. If I had to guess at who’s writing NYSRPA, I’d guess Kavanaugh. https://reason.com/volokh/2018/07/09/judge-kavanaugh-and-the-second-amendment/

    Roberts doesn’t want to be in the minority on this case, as he gets to pick its author and there ain’t no way he’d let Thomas do it.

    My second guess is Alito.

    Yeah, I'd thought that the amount of cases being held was a little unusual, usually they just get denied, perhaps they do want district courts to try again with new definitions/statements of what is allowed and isn't allowed.

    Thanks.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    They’re currently sitting on ANJRPC v. Bruck, the challenge to NJ’s magazine ban and at least one justice has shown interest in MD’s ban. NYSRPA is being written right now, so it may be a signal that enough Justices know that whatever they’re going to do is going to have ramifications for these other cases.

    They’re also sitting on Young v. Hawaii, but that is about carry and the scope of the 2A outside the home.

    We’re in an interesting time. If I had to guess at who’s writing NYSRPA, I’d guess Kavanaugh. https://reason.com/volokh/2018/07/09/judge-kavanaugh-and-the-second-amendment/

    Roberts doesn’t want to be in the minority on this case, as he gets to pick its author and there ain’t no way he’d let Thomas do it.

    My second guess is Alito.
    I hope Thomas writes a concurring opinion like he did in McDonald. Still among my favorite decisions of all time.

    If justices are sniffing around mag limits and AWB, I think they know where NYSRPA is going.
     

    KIBarrister

    Opinionated Libertarian
    MDS Supporter
    Apr 10, 2013
    3,923
    Kent Island/Centreville
    You know Thomas is foaming at the bit to write it. Thomas is the most principled member the court has ever seen (yes, I’m including Scalia). He is also a down to Earth person.

    I hope Thomas writes it of course (as I do for most any opinion of the court). I’ll be candid that I don’t completely trust Kavanaugh’s conservative principles - he is from Bethesda after all, and even his lower court opinions from Heller 2 looked for something other than the only appropriate test, strict scrutiny.

    Roberts is more concerned with his legacy and how it is impacted by people’s view of the court, and has no principles at all. Which means we really need Kavanaugh to be the fifth originalist vote. We will see if he gives it (my money is it being struck down, but the controlling opinion narrowly written, with concurring opinions by Thomas and Alito shouting about a missed opportunity to correct an unconstitutional travesty; I will strongly agree with these concurrences).
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    I always pull for Gorsuch, but I know there’s no way in hell Roberts would allow that either.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    You know Thomas is foaming at the bit to write it. Thomas is the most principled member the court has ever seen (yes, I’m including Scalia). He is also a down to Earth person.

    I hope Thomas writes it of course (as I do for most any opinion of the court). I’ll be candid that I don’t completely trust Kavanaugh’s conservative principles - he is from Bethesda after all, and even his lower court opinions from Heller 2 looked for something other than the only appropriate test, strict scrutiny.

    Roberts is more concerned with his legacy and how it is impacted by people’s view of the court, and has no principles at all. Which means we really need Kavanaugh to be the fifth originalist vote. We will see if he gives it (my money is it being struck down, but the controlling opinion narrowly written, with concurring opinions by Thomas and Alito shouting about a missed opportunity to correct an unconstitutional travesty; I will strongly agree with these concurrences).


    Cannot rely on strict scrutiny in every sense. See Mance v. Barr.

    Heller I was decided under the analysis Kavanaugh prefers and would apply. It’s the analysis pushed for by Clement in more than one case. If SCOTUS does address the standard of review, that’s where I think we’re going to be.

    There is, however, no world in which any of these tests are going to completely undo all of the gun laws we have. Many will become unenforceable, but a lot of infringements are going to remain.
     

    KIBarrister

    Opinionated Libertarian
    MDS Supporter
    Apr 10, 2013
    3,923
    Kent Island/Centreville
    Cannot rely on strict scrutiny in every sense. See Mance v. Barr.

    Heller I was decided under the analysis Kavanaugh prefers and would apply. It’s the analysis pushed for by Clement in more than one case. If SCOTUS does address the standard of review, that’s where I think we’re going to be.

    There is, however, no world in which any of these tests are going to completely undo all of the gun laws we have. Many will become unenforceable, but a lot of infringements are going to remain.

    You are sadly correct, or course. But apart from being the demonstrably correct legal standard, strict scrutiny does the most benefit.
     

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