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Spin Zone / Re: Fixing the 2nd amendment
« on: November 14, 2018, 01:38:54 PM »Unless/until those laws are broken, challenged, and escalated to SCOTUS, the defendant will LOSE in every case. Heller v DC is the gold standard of defense for the 2nd A and here's a snippet at the end of the ruling: "Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions on the commercial sale of arms."You’re right, and subordinate courts have already ruled in cases that go against the ruling in Heller. Democrats will continue to overplay their hand here, and there should be more cases in the future going to SCOTUS. All the more reason to maintain the Senate and get Trump elected for a second term.
So, the SCOTUS just carved out a HUGE loophole in the 2nd A allowing lesser govts to stand with their laws and regulations until each one is tested at the fed level. It's estimated that the cost of the Heller decision was about $3.6 million and it took more than 5 years. The court was divided by 5-4, and could easily have gone the other way. While the current court is in no danger of overturning Heller, the forces of gun control took careful note of the arguments, and the limitations of the ruling. Modern laws on gun control have been carefully designed to work their way around Heller. In the case of WA it sounds exactly like they are 'permitting' the individual to keep and bear, but that the 'bear' is being restricted by the various trigger lock, unloading, locked cabinet, etc.
Each and every one of these cases will have to go through state appeals, then the fed circuit, and finally to the SCOTUS. If you live in a circuit with a liberal court, even if you have the money, it will likely get rejected from cert to SCOTUS, and the circuit court ruling against the defendant will stand.
Sorry.
I cringed when I read Scalia’s otherwise insightful opinion in Heller precisely for this reason.