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Discussion Starter · #1 · (Edited)

Maryland bends the knee to NYSRPA v. Bruen

 
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Discussion Starter · #2 ·
 
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Discussion Starter · #11 · (Edited)
Legal Analysis' Fall Out From The Bruen Decision

"However, Bruen has far-reaching implications beyond concealed carry permits. Courts often apply “tests” to the facts of a case, which guides the court’s decision. Tests can be convoluted, but generally are a list of questions, and the facts of the case are used to answer those questions. These tests are usually created as part of the ruling in a case, and help other courts faced with similar situations in the future."

"Bruen changed the test that courts should use in gun cases. To understand that change, we need to look at a previous Supreme Court gun decision. D.C. v. Heller is a 2008 Supreme Court decision that stated the Second Amendment applied to individuals, not just a collective militia. It also held that the right to keep and bear arms extends to weapons in common usage, but does not extend to abnormally dangerous or usual weapons."

"Certain courts took the decision in Heller and used it as the first step of a two-step test. If the proposed law failed under the Heller standard, the court would apply “intermediate scrutiny,” which means the law must further an important government interest and be substantially related to that interest. In essence, courts would say “well, this law isn’t compatible with Heller, but we still think this law is important so it is ok.”

"Bruen specifically ended the two-step test."

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"Today, we decline to adopt that two-part approach. In keeping with Heller, we hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation. Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.” Konigsberg v. State Bar of Cal., 366 U. S. 36, 50, n. 10 (1961)."
"This is a massive change from the status quo, and it signals the end of many gun control laws around the country. In fact, several cases that were up for possible Supreme Court review have already been impacted by this decision. SCOTUS has issued “grant, vacate, remand” orders on several gun cases, including Duncan v. Bonta (challenging California’s magazine ban), Bianchi v. Frosh (challenging the Maryland assault weapon ban), Young v. Hawaii (challenging Hawaii’s firearm carry law), and Association of New Jersey Pistol and Rifle Clubs v. Bruck (challenging New Jersey’s magazine ban). These “grant, vacate, remand” orders mean the Supreme Court grants the petition to hear the case in question, the lower court’s previous decisions are vacated (meaning they are no longer a binding precedent), and the case is remanded (sent back) to the appeals court for a new decision based on the Bruen decision. This is a very strong indicator that these cases will go in favor of expanded gun rights, but don’t count on a victory until one happens. Lawyers and judges can be very creative when they want to be."

 

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Discussion Starter · #13 ·
In addition to politicians there’s an incredible amount of attorneys and judges that detest the 2A to their core. I expect not only ignoring of Bruen but open defiance to it in future decisions.
A case in point

Time for the ACLU to change their name

 

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A case in point

Time for the ACLU to change their name

For years they’ve been the American Criminal Liberties Union.
As a Jew I questioned the Skokie case but I understand it. You either recognize the first amendment warts and all or it loses its significance.
I’ve distrusted the ACLU in their complete omission of recognizing the 2A and support.
Some of their cases embrace anarchism and socialism by exploiting imperfections in law.
Liberalism is a disease.
 

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Discussion Starter · #18 ·

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No compromise, ever and rid a supposedly conservative party of it's RINOS which have done so to Americans rights.
Problem is the Rinos have insulated themselves with a gigantic war chest. McConnell doles it out to his kind of Republican. Add dark money from special interests, foreign and billionaire contributions it’s a sizable hill to climb.
 

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Problem is the Rinos have insulated themselves with a gigantic war chest. McConnell doles it out to his kind of Republican. Add dark money from special interests, foreign and billionaire contributions it’s a sizable hill to climb.
You just made the best argument for repeal of the 17 th. amendment.
 
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