Another battle down the road

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Baja boy
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Another battle down the road

Post by Baja boy »

2nd Circuit upholds N.Y. and Conn. arms bans; contradicts Heller and McDonald

On Monday the U.S. Court of Appeals for the 2nd Circuit upheld most of the 2013 arms prohibition laws enacted in New York and Connecticut. The circuit issued a joint opinion in two related cases, New York State Rifle & Pistol Assoc. v. Cuomo, and Connecticut Citizens’ Defense League v. Malloy. The decision was written by Judge José Cabranes, who was appointed a federal district judge by President Carter and elevated to the 2nd Circuit by President Clinton. The opinion was joined by Judges Raymond Lohier (a President Obama appointee) and Christopher Droney (appointed to the district bench by Clinton and to the 2nd Circuit by Obama).

You can see where the opinions actually came from..............



https://www.washingtonpost.com/news/vol ... -mcdonald/
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First Shirt
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Re: Another battle down the road

Post by First Shirt »

I'm a firm believer in Thud's Law: If you push against something hard enough, it will fall over.

Just gotta keep pushing. Or punching, if that's whats called for.
But there ain't many troubles that a man caint fix, with seven hundred dollars and a thirty ought six."
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Durham68
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Re: Another battle down the road

Post by Durham68 »

Haven't read the whole thing but based on excerpts it is the same old nonsense. The banned guns are protected but the states interest in public safety rules the day. All backed by a pile of bogus stats from partisan sources.
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Langenator
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Re: Another battle down the road

Post by Langenator »

Dave Kopel's commentary, in the WaPo:
The 2nd Circuit decision exemplifies the pattern in many lower federal courts of defying the Supreme Court’s admonition in McDonald v. Chicago that the Second Amendment is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” The approach of some lower courts seems to be that Heller stands for little beyond its holding that handgun bans are unconstitutional. In Heller, the court chastised lower courts for having “overread” the court’s 1939 decision in United States v. Miller; the Miller court had upheld the federal tax and registration system for sawed-off shotguns, but many lower courts asserted that Miller had ruled that the Second Amendment is a “collective right” that no individual can assert. Among the lower courts which, according to Heller, placed “erroneous reliance” on an incorrect interpretation of Miller, was the 2nd Circuit, in United States v. Scanio, No. 97–1584, 1998 WL 802060 (2d Cir., 1998).

Today, the trend is opposite, with some courts, including the 2nd Circuit, straining to under-read Heller. It seems that Heller is not a well-liked opinion among some federal judges, and, for some of them, barely a controlling opinion.
Also of note - all three judges were Dem appointees to the 2nd Circuit (2 by Obama, one by Clinton), one of whom was first appointed to a federal judgeship by Carter.
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PawPaw
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Re: Another battle down the road

Post by PawPaw »

And yet, anyone can walk into any city hall in the US and get a gay marriage license. Funny, that. It seems that liberal values are rapidly incorporated against states, while conservative values face struggle after struggle.
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Langenator
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Re: Another battle down the road

Post by Langenator »

I have no idea what was brought into the argument before the circuit court, but I'm hoping against hope that someone will bring into the inevitable SCOTUS fight what I consider to be the most interesting take away from U.S. v. Miller: namely, that weapons with militia/military utility should be more protected than things like target pistols and $4000 over/under pheasant guns.

I would love to see the looks on the faces of the liberal 4 SCOTUS justices if this was brought up in oral arguments.

Of course, I'm also the a**hole who wants to cite the language of Dred Scott to assert that New York, Connecticut, et al, can't deny me my property right to the guns I have legally owned in another state.

Stare decisis, bitches.
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Precision
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Re: Another battle down the road

Post by Precision »

Langenator wrote:I have no idea what was brought into the argument before the circuit court, but I'm hoping against hope that someone will bring into the inevitable SCOTUS fight what I consider to be the most interesting take away from U.S. v. Miller: namely, that weapons with militia/military utility should be more protected than things like target pistols and $4000 over/under pheasant guns.

I would love to see the looks on the faces of the liberal 4 SCOTUS justices if this was brought up in oral arguments.

Of course, I'm also the a**hole who wants to cite the language of Dred Scott to assert that New York, Connecticut, et al, can't deny me my property right to the guns I have legally owned in another state.

Stare decisis, bitches.

I like this line of thought.
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JAG2955
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Re: Another battle down the road

Post by JAG2955 »

That warms my icy heart.
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Dub_James
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Re: Another battle down the road

Post by Dub_James »

PawPaw wrote:And yet, anyone can walk into any city hall in the US and get a gay marriage license. Funny, that. It seems that liberal values are rapidly incorporated against states, while conservative values face struggle after struggle.
They vote like it's essential, Conservatives vote like it's optional.
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Dub_James
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Re: Another battle down the road

Post by Dub_James »

Langenator wrote:I have no idea what was brought into the argument before the circuit court, but I'm hoping against hope that someone will bring into the inevitable SCOTUS fight what I consider to be the most interesting take away from U.S. v. Miller: namely, that weapons with militia/military utility should be more protected than things like target pistols and $4000 over/under pheasant guns.

I would love to see the looks on the faces of the liberal 4 SCOTUS justices if this was brought up in oral arguments.

Of course, I'm also the a**hole who wants to cite the language of Dred Scott to assert that New York, Connecticut, et al, can't deny me my property right to the guns I have legally owned in another state.

Stare decisis, bitches.
Not until we can change out a couple of those on the courts with something more pro-gun. And it wouldn't hurt to upgrade a couple of the current pro-gun, Gun Culture 1.0 occupants either.
Oh, the heads that turn
Make my back burn
And those heads that turn
Make my back, make my back burn

-She Sells Sanctuary
The Cult
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