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View Full Version : Incorporation issue on Fed gun laws.


nicki
11-19-2008, 3:07 PM
Alot of people are concerned about new Fed gun laws, my question is if a AW ban did pass, would we have to get "Incorporation" of could a massive calss action lawsuit be filed immediately in Fed Court.

Seems to me that if we have action going on here in this state, especially after incorporation of Nordyke, that we may be able to kill Fed legislation before it even starts.

Lots of Dem interest groups will be pissed if their pet issues get derailed because of a Fed AW that was doomed to failure in the first place.

Nicki

bulgron
11-19-2008, 3:12 PM
Alot of people are concerned about new Fed gun laws, my question is if a AW ban did pass, would we have to get "Incorporation" of could a massive calss action lawsuit be filed immediately in Fed Court.

Seems to me that if we have action going on here in this state, especially after incorporation of Nordyke, that we may be able to kill Fed legislation before it even starts.

Lots of Dem interest groups will be pissed if their pet issues get derailed because of a Fed AW that was doomed to failure in the first place.

Nicki

Heller would seem to preclude another AW ban, although they could go with something that provides a permit system, and then do their level best to not issue permits. We'd win that fight in the end, though.

I see Obama's gun control activities doing things like levying large excise taxes, banning lead ammo, trying to do ammo registration, that sort of thing.

Out and out bans have been declared to be unconstitutional, so they have to find another way to progress their agenda.

Number 6
11-19-2008, 3:13 PM
Incorporation is the process which a right is applied to the state level. Heller is already binding upon the Federal government. So to answer your question, incorporation is not needed to challenge another Federal AWB.

yellowfin
11-19-2008, 3:50 PM
The question is how we fight taxes and import restrictions directly intended to kill the ammo market. Maybe as an 8th amendment extension, as such would be not ordinary or reasonable and clearly intended to do nothing but destroy?

Ford8N
11-19-2008, 4:29 PM
Ammo is the Achilles Heel. The other side knows that. Stop cheap surplus ammo from being imported it kills all the fun of shooting. Won't stop the ghetto bangers from killing each other but kills the interest in firearms as a hobby. I still remember walking past the Miwall booth and $69.00 cases of 7.62x39.:nopity:

gcvt
11-19-2008, 4:49 PM
Yup, 2A says we can have guns....doesn't say anything about ammo to feed them.

bulgron
11-19-2008, 5:07 PM
Yup, 2A says we can have guns....doesn't say anything about ammo to feed them.

I think this is just another court battle, and one that we'll win if we get to it soon enough. You can't protect guns and not the ammo to put into them. That's just splitting hairs in a way that only a radical leftists would find to be inoffensive.

hoffmang
11-19-2008, 5:39 PM
1. Ammo is protected. Heller ruled that you have the right to have a loaded firearm in the home for self defense. Ammo is a required part of that.

2. Federal firearms laws are directly challengeable in Federal Court today. The actual laws on the books today don't have a lot of places we should challenge yet. Regulations and ATF interpretations may be interesting sooner, but those should be challenged in better venues - like Texas and the Fifth Circuit.

-Gene

gcvt
11-19-2008, 6:23 PM
Yup, 2A says we can have guns....doesn't say anything about reasonably priced ammo to feed them.

Fixed it for myself ;)

510dat
11-19-2008, 6:26 PM
Aha, but when the government prices ammunition out of reach of lower-income people, it violates the 14th amendment equal protection clauses.

Ford8N
11-19-2008, 6:55 PM
Aha, but when the government prices ammunition out of reach of lower-income people, it violates the 14th amendment equal protection clauses.

Maybe they will give them a voucher for 20 rounds at Walmart.

Backcountry
11-19-2008, 7:25 PM
Won't stop the ghetto bangers from killing each other
I'm fine with that.

JDay
11-20-2008, 6:47 AM
Maybe they will give them a voucher for 20 rounds at Walmart.

Or just restrict everyone to having only one round of ammo in the home per firearm. Then you could still have a loaded firearm in the home.

Ford8N
11-20-2008, 5:39 PM
Or just restrict everyone to having only one round of ammo in the home per firearm. Then you could still have a loaded firearm in the home.


http://i455.photobucket.com/albums/qq280/Ford8N_2008/barney_fife-709830.jpg


This what our rulers think of gun owners in general.:o