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Supreme Court to finally take up a major gun rights case Login/Join 
Unflappable Enginerd
Picture of stoic-one
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quote:
Originally posted by jhe888:
quote:
Originally posted by stoic-one:
My take on where our current SCOTUS stands is that it seems they have a slightly firmer grasp on what is and is not within "the states" rights. And that's a very good thing.

It's not just about the 2nd amendment, it pushes the 10th amendment to the fore as well.


This decision does not implicate the 10th amendment.
This decision isn't, but the states in question will soon start flexing their regulatory muscle, and that may well be the next battlefront. Or maybe I'm just off here.


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NRA Benefactor
I lost all my weapons in a boating, umm, accident.
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Posts: 6212 | Location: Headland, AL | Registered: April 19, 2006Reply With QuoteReport This Post
Member
Picture of sigcrazy7
posted Hide Post
quote:
Originally posted by stoic-one:
quote:
Originally posted by jhe888:
quote:
Originally posted by stoic-one:
My take on where our current SCOTUS stands is that it seems they have a slightly firmer grasp on what is and is not within "the states" rights. And that's a very good thing.

It's not just about the 2nd amendment, it pushes the 10th amendment to the fore as well.


This decision does not implicate the 10th amendment.
This decision isn't, but the states in question will soon start flexing their regulatory muscle, and that may well be the next battlefront. Or maybe I'm just off here.


That would be rich. These anti-2A states, flexing their 10A rights as an argument to abrogate your 2A rights. I'd love to hear that pleading.



Demand not that events should happen as you wish; but wish them to happen as they do happen, and you will go on well. -Epictetus
 
Posts: 8217 | Location: Utah | Registered: December 18, 2008Reply With QuoteReport This Post
Unflappable Enginerd
Picture of stoic-one
posted Hide Post
quote:
That would be rich. These anti-2A states, flexing their 10A rights as an argument to abrogate your 2A rights. I'd love to hear that pleading.
I never put anything past these commies. Wink


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NRA Benefactor
I lost all my weapons in a boating, umm, accident.
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Posts: 6212 | Location: Headland, AL | Registered: April 19, 2006Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
quote:
Originally posted by stoic-one:
quote:
Originally posted by jhe888:
quote:
Originally posted by stoic-one:
My take on where our current SCOTUS stands is that it seems they have a slightly firmer grasp on what is and is not within "the states" rights. And that's a very good thing.

It's not just about the 2nd amendment, it pushes the 10th amendment to the fore as well.


This decision does not implicate the 10th amendment.
This decision isn't, but the states in question will soon start flexing their regulatory muscle, and that may well be the next battlefront. Or maybe I'm just off here.


But that doesn't either. The supremacy clause prohibits the states from legislating in derogation of constitutional protections or proper federal legislation. If a state attempts to regulate firearms in a way that contradicts the 2d amendment, the supremacy clause prohibits that. The 10th amendment doesn't give a state the power to contradict the constitution.

To put it in 10th amendment terms; restricting carry laws in some way that New York might like would usurp a power delegated to the United States by the Constitution and be a power prohibited by [the Constitution] to the States. The 10th, by its own terms, gives states no freedom on this.

What the 10th does is allow a state to EXPAND rights and protections. More specifically, it allows states to exercise any powers not specifically mentioned in the Constitution as delegated (assigned) to the federal government.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53122 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Ignored facts
still exist
posted Hide Post
I feel like buying a Supreme Court Challenge Coin or something in celebration.


----------------------
Let's Go Brandon!
 
Posts: 10916 | Location: 45 miles from the Pacific Ocean | Registered: February 28, 2003Reply With QuoteReport This Post
delicately calloused
Picture of darthfuster
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I’m gratified at this victory. I think it would have been impossible without Trump’s nominations and Ruth Buzzy Ginsberg’s stubborn hubris. I think it’s worth noting how fast tyrants can oppress and how long it takes to regain liberty.



You’re a lying dog-faced pony soldier
 
Posts: 29692 | Location: Highland, Ut. | Registered: May 07, 2008Reply With QuoteReport This Post
Keeping the economy moving since 1964
Picture of chbibc
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The governor of my wonderful state has been quoted that she will be exploring ways to circumvent the ruling. I never thought it was possible for me to be more disgusted with her and her party, yet here we are.


-----------------------
You can't fall off the floor.
 
Posts: 8526 | Location: Rochester, NY behind enemy lines | Registered: March 12, 2002Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
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quote:
I think it’s worth noting how fast tyrants can oppress and how long it takes to regain liberty.


And thus the reason that local politicians do these things and why we should try and oust said political people.
 
Posts: 23414 | Location: Florida | Registered: November 07, 2008Reply With QuoteReport This Post
Shorted to Atmosphere
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Kavanaugh is kind of the bad guy here for a complete victory. Thomas, Alito, Barrett, and Gorsuch wanted to strike down any licensing provisions as well. Kavanaugh and Roberts dissented. We know Roberts is a swinging dipshit, but Kavanaugh is disappointing as well in this case.

In more than half of the country this makes no difference since they are constitutional carry, but for those in blue states, the fight continues.
 
Posts: 5198 | Location: Manteca, CA | Registered: May 30, 2006Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
quote:
Originally posted by Shifferbrains:
Kavanaugh is kind of the bad guy here for a complete victory. Thomas, Alito, Barrett, and Gorsuch wanted to strike down any licensing provisions as well. Kavanaugh and Roberts dissented. We know Roberts is a swinging dipshit, but Kavanaugh is disappointing as well in this case.


The case didn't present all licensing schemes. It presented the NY scheme with its requirement of particular dangers. Therefore, it would have been a stretch to put the kibosh on all licensing schemes, and might well have been a judicial overreach because that would have been a ruling on an issue not before the court on these facts. That is bad jurisprudence.

If you want to overturn any licensing scheme, you should challenge the least restrictive licensing scheme in the country. Then it will be before the court.

If we don't want lefty judges making bad and illegitimate rulings, we can't allow it from "our" judges just because we like the potential ruling.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53122 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Shorted to Atmosphere
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jhe888, thank you for that explanation.
 
Posts: 5198 | Location: Manteca, CA | Registered: May 30, 2006Reply With QuoteReport This Post
Member
posted Hide Post
quote:
Originally posted by Flashlightboy:
Balze,

She can't attack the decision straight on but she can put up barriers.

Didn't someone here post up the requirements you have to meet to purchase a handgun in NY? I think so and it was a huge pain. They just passed a bunch of gun control rules this week so they feel empowered.

They could mandate 30 day waiting periods, manual review of FBI database searches (like my state and then purposely understaffs the position), mandate your gun dealer run. A serial number check through other databases as your expense to verify the gun has a clean record, demonstrate safe gun handling and so on. And they state can slow walk implementing that.

No one is foolish enough to think they will ignore the ruling but obstacles will be put in the way of easy implementation. It's the liberal way.


When Illinois restrictive laws were struck down, it only took a few months and CCW permits were being given out by the thousands. Everyone thought Illinois would drag the process out, but the liberal state gov. essentially gave up.


-c1steve
 
Posts: 4052 | Location: West coast | Registered: March 31, 2012Reply With QuoteReport This Post
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Picture of 2BobTanner
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quote:
Originally posted by c1steve:

When Illinois restrictive laws were struck down, it only took a few months and CCW permits were being given out by the thousands. Everyone thought Illinois would drag the process out, but the liberal state gov. essentially gave up.


Identified a new “revenue stream” perhaps? Roll Eyes


---------------------
LGBFJB

"Sometimes I wonder whether the world is being run by smart people who are putting us on, or by imbeciles who really mean it." — Mark Twain

“Democracy is the theory that the common people know what they want, and deserve to get it good and hard.” — H. L. Mencken
 
Posts: 2698 | Location: Falls of the Ohio River, Kain-tuk-e | Registered: January 13, 2005Reply With QuoteReport This Post
Keeping the economy moving since 1964
Picture of chbibc
posted Hide Post
quote:
Originally posted by Flashlightboy:
Balze,

She can't attack the decision straight on but she can put up barriers.

Didn't someone here post up the requirements you have to meet to purchase a handgun in NY? I think so and it was a huge pain. They just passed a bunch of gun control rules this week so they feel empowered.

They could mandate 30 day waiting periods, manual review of FBI database searches (like my state and then purposely understaffs the position), mandate your gun dealer run. A serial number check through other databases as your expense to verify the gun has a clean record, demonstrate safe gun handling and so on. And they state can slow walk implementing that.

No one is foolish enough to think they will ignore the ruling but obstacles will be put in the way of easy implementation. It's the liberal way.


You are spot on.


-----------------------
You can't fall off the floor.
 
Posts: 8526 | Location: Rochester, NY behind enemy lines | Registered: March 12, 2002Reply With QuoteReport This Post
Gone but Together Again.
Dad & Uncle
Picture of h2oys
posted Hide Post
Am I correct in thinking the SCOTUS ruling has immediate effect?

Next, I am in MO and our neighboring state, IL, will issue a CCW to a resident but refuses to recognize any other resident CCW's.

What are your thoughts on carrying in IL or other states which do not recognize those traveling through/in their states with valid CCW's from their resident state.

Did SCOTUS just give a green light for the prior paragraph?
 
Posts: 3720 | Location: St. Louis, MO | Registered: November 24, 2009Reply With QuoteReport This Post
Husband, Father, Aggie,
all around good guy!
Picture of HK Ag
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Congratulation to all living in former "may issue" states!

Make sure that your push through the local roadblocks by voicing and organizing locally to defeat them at every turn.

If you have a State firearms Assn, join it if not already a member.

HK Ag
 
Posts: 3499 | Location: Tomball, Texas | Registered: August 09, 2005Reply With QuoteReport This Post
Irksome Whirling Dervish
Picture of Flashlightboy
posted Hide Post
quote:
Originally posted by h2oys:
Am I correct in thinking the SCOTUS ruling has immediate effect?

Next, I am in MO and our neighboring state, IL, will issue a CCW to a resident but refuses to recognize any other resident CCW's.

What are your thoughts on carrying in IL or other states which do not recognize those traveling through/in their states with valid CCW's from their resident state.

Did SCOTUS just give a green light for the prior paragraph?


The effect is not yet in place but people are acting in keeping with the decision.

The Supreme Court case was remanded back down for further proceedings consistent with today's decision which means that the lower court has to issue a new decision with the Supreme Court's guidelines.

It's a pro forma event by the lower court.
 
Posts: 4076 | Location: "You can't just go to Walmart with a gift card and get a new brother." Janice Serrano | Registered: May 03, 2005Reply With QuoteReport This Post
Gracie Allen is my
personal savior!
posted Hide Post
quote:
Originally posted by radioman:
I feel like buying a Supreme Court Challenge Coin or something in celebration.

I keep telling myself the P210 Carry is overpriced.
 
Posts: 27293 | Location: Deep in the heart of the brush country, and closing on that #&*%!?! roadrunner. Really. | Registered: February 05, 2008Reply With QuoteReport This Post
safe & sound
Picture of a1abdj
posted Hide Post
quote:
What are your thoughts on carrying in IL or other states which do not recognize those traveling through/in their states with valid CCW's from their resident state.



Illinois is ok with it so long as you're in your car. I do a fair amount of work on the Illinois side and am generally armed. That's because I'm either driving or on private property with permission from the owner. I don't carry (outside of my vehicle) if I'm stopping to get fuel or something to eat.


________________________



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Posts: 15714 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
Still finding my way
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