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WarGamer

(18,613 posts)
Thu Oct 26, 2023, 08:47 PM Oct 2023

The stone wall to Assault Weapon regulation in 2023 is the Courts.

Last edited Thu Oct 26, 2023, 09:46 PM - Edit history (2)

This isn't the 80's or 90's any more...

If anything... Courts are getting MORE defensive of Assault Weapons, not less so.

An example:

https://www.reuters.com/legal/us-judge-declares-californias-assault-weapons-ban-unconstitutional-2023-10-19/

Oct 19 (Reuters) - A federal judge on Thursday declared a California law banning assault weapons unconstitutional, saying the prohibition enacted in 1989 against semi-automatic weapons could not stand under a U.S. Supreme Court ruling last year that expanded gun rights.

San Diego-based U.S. District Judge Roger Benitez ruled in a challenge to the law brought by gun rights groups and others that it deprived law-abiding people of semiautomatic firearms like the AR-15 in violation of the U.S. Constitution's Second Amendment right to "keep and bear arms."Benitez issued an injunction blocking the law, but put that on hold for 10 days so the state could appeal. California Attorney General Rob Bonta, a Democrat, said in a statement that he would appeal, calling the judge's decision "dangerous and misguided."


THIS is why:

The conservative-majority Supreme Court last year struck down New York state's limits on carrying concealed handguns outside the home. In that decision, called New York State Rifle & Pistol Association v Bruen, the Supreme Court established a new legal test for firearms restrictions, saying they must be "consistent with this nation's historical tradition of firearm regulation" to pass muster.


Bottom line... even IF Congress passed AWB laws... they're probably going to be shot down by the Courts.
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Irish_Dem

(81,271 posts)
1. The judges seem to think the Founding Fathers wanted Americans to be hunted like animals.
Thu Oct 26, 2023, 08:54 PM
Oct 2023

That white males could gun down people in cold blood.

The judges are fine with this and use the constitution as an excuse.

WarGamer

(18,613 posts)
2. They couldn't have predicted what's happening today.
Thu Oct 26, 2023, 08:56 PM
Oct 2023

And if you could ask them today, they'd say "That's why you can amend the Constitution, dummy"

Irish_Dem

(81,271 posts)
3. I don't think the FF knew that Americans would love killing each other so much.
Thu Oct 26, 2023, 09:05 PM
Oct 2023

But they assumed We The People would put a stop to such evil behavior.

But they were wrong. We The People are fine with the slaughter.

Irish_Dem

(81,271 posts)
5. What might I be referencing?
Thu Oct 26, 2023, 09:46 PM
Oct 2023

White Males/Mass shootings

I am sure there is a connection there somewhere.

 

TexasDem69

(2,317 posts)
8. That's what I want to understand
Thu Oct 26, 2023, 10:06 PM
Oct 2023

Someone posted in another thread today that mass shootings are committed roughly along the lines you’d expect based on population.

Irish_Dem

(81,271 posts)
12. This other person posted nonsense.
Fri Oct 27, 2023, 09:08 AM
Oct 2023

Women are 51% of the population. How many females commit mass shootings per year?

3Hotdogs

(15,368 posts)
11. I think the lower courts are reacting to the overriding decisions of the Supreme Assholes.
Fri Oct 27, 2023, 12:12 AM
Oct 2023

WarGamer

(18,613 posts)
7. KOAD, this isn't the first time you've suggested giving up.
Thu Oct 26, 2023, 09:54 PM
Oct 2023

And each and every time... I tell you, don't give up. You never know what's possible until you've expended all your options.

GOTV and do the right thing... every day.

At the same time... understand that REALITY exists.

HTH

calimary

(90,021 posts)
10. NO! If for no other reason, that's exactly what our opponents want. Which is why I won't give in.
Thu Oct 26, 2023, 11:13 PM
Oct 2023

And none of us should. That's what the other side wants, so none of us should comply.

 

TexasDem69

(2,317 posts)
9. I would argue the stone wall
Thu Oct 26, 2023, 10:24 PM
Oct 2023

Is public opinion. The Constitution can be amended if there’s enough public support for the change.

Takket

(23,715 posts)
14. Agreed
Fri Oct 27, 2023, 09:18 AM
Oct 2023

I’ve felt this too. If HRC had been elected in 2016 and sat three people on SCOTUS we would be able to do this, but people were more worried about her emails than real problems that affect their lives. And here we are.

I think the movement that needs to be made is for an amendment that establishes a system for a national referendum. That might actually be able to pass enough state houses to go through. Then the people could have their voices heard. But I think even that would be a LONG time to pass.

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