View Full Version : CA gun laws 8th Amendment proof?

03-30-2009, 9:03 AM
Something I noticed in another thread and in scanning the various AW, UOC, and other finer points happenings reported here has me curious. Apparently we're hung up on being able to challenge the various junk on 2A grounds, still floundering on defeating discriminatory CCW issue with the 14th, but how about challenging OLL confiscation due to features on 8th Amendment grounds? Has it been argued that confiscation and all associated legal troubles for lack of a simple part like a BB or 10 round mag excessive and unusual for what amounts to a victimless "crime" ? We all know the Inquisition like behavior of the anti gun LE and BOF is absurd, they know it is, but has anyone called it out in court that such absurdity is unconstitutional because it's just plain excessively mean? What possible Constitutionally scrutible justification can there be to make having a standard cap mag a FELONY? Seriously, is an extra inch or two of aluminum or a couple folds in a spring justifiable, even on rational basis, for ruining someone's life over?

I haven't seen that argument mentioned recently if at all, and the 8th IS incorporated, from a California decision no less.

03-30-2009, 9:46 AM
I always thought a much better defense against weapons bans would be the 6th Amendment. Essentially laws deeming mere possession of an item are passing a summary judgment on the the individual in possession of those items. Those laws are pre-judging that an individual with weapons WILL commit a crime, and therefore that individual should not be allowed to possess weapons in the first place. Guilty before proven innocent before a trial by peers.

Mulay El Raisuli
03-31-2009, 6:46 AM
Better, IMHO, would be an attack via the Commerce Clause. I'm not even sure that a wait for NORDYKE is necessary as it (the CC) is already is here. The issue then becomes not our rights, but the rights of manufacturers to sell a perfectly legal product (legal everywhere else, that is) here in the PRK.

The Raisuli