PDA

View Full Version : McDonald v. Chicago


neomedic
06-26-2010, 4:47 PM
If on Monday, McDonald won and the supreme court ruled in favor of 2nd amendment. What are trickle down effects for CA? Would the "safe list" get tossed out? Or would the state still be allowed to determine what they want to be out there for us? And what about for rifles?

I know there will be no right answers to this till everything goes through a court ruling....but just want to know what the "experts" that follow 2nd amendment issues will "project" as to what will happen? Thanks.

RomanDad
06-26-2010, 5:09 PM
There wont be any immediate effect on California, because, to the best of my knowledge, there isnt a flat-out chicago/DC style handgun BAN anywhere in the state.

Any legal changes in California will require FUTURE cases to be brought, but MCDONALD, allows those cases to be filed. Its a TICKET into the Courthouse we dont have yet.

hoffmang
06-26-2010, 5:10 PM
Any changes ion California will require FUTURE cases to be brought, but MCDONALD, allows those cases to be filed. Its a TICKET into the Courthouse we dont have yet.

Future and a couple of existing cases...

-Gene

charliedontsurf334
06-26-2010, 5:30 PM
Heller did talk about weapons "in common use" cannot be banned, and McDonald will likely be little more than incorporation of Heller. So I'd say the safe handgun roster and the assault weapon ban's days are numbered.

The AR-15 is the most popular rifle in the United States!

Although I do think it will take a while. To use a World War II analogy, Heller was the Battle of Midway and McDonald will be the Battle of Guadalcanal.

thayne
06-26-2010, 5:34 PM
Heller did talk about weapons "in common use" cannot be banned, and McDonald will likely be little more than incorporation of Heller. So I'd say the safe handgun roster and the assault weapon ban's days are numbered.

Although I do think it will take a while. To use a World War II analogy, Heller was the Battle of Midway and McDonald will be the Battle of Guadalcanal.

So how long till D-day? :D

CSDGuy
06-26-2010, 5:43 PM
Don't make me say it... Two.... :D

Kerplow
06-26-2010, 5:48 PM
hehe, i think we need a new sub forum for post mcdonald threads:p

charliedontsurf334
06-26-2010, 6:59 PM
hehe, i think we need a new sub forum for post mcdonald threads:p

Seriously!

slappomatt
06-26-2010, 7:11 PM
what happens if we LOSE Mcdonald? do we just move to a free state because there will be no hope for CA?

mosinnagantm9130
06-26-2010, 7:18 PM
So how long till D-day? :D

Don't make me say it... Two.... :D

I'll do it. Two Weeks:D

rromeo
06-26-2010, 7:29 PM
Is Sykes going to be like Iwo Jima?

Meplat
06-26-2010, 7:44 PM
You are scaring me now! Guadalcanal was a damn close run thing!

Heller did talk about weapons "in common use" cannot be banned, and McDonald will likely be little more than incorporation of Heller. So I'd say the safe handgun roster and the assault weapon ban's days are numbered.

The AR-15 is the most popular rifle in the United States!

Although I do think it will take a while. To use a World War II analogy, Heller was the Battle of Midway and McDonald will be the Battle of Guadalcanal.

Meplat
06-26-2010, 7:58 PM
More like Truk Atoll. I hope the cases already in the hopper go down like zeros in the Mariannas Turkey Shoot!:43:

Is Sykes going to be like Iwo Jima?

BigDogatPlay
06-26-2010, 8:13 PM
So how long till D-day? :D

My guess is a while yet.... and we may yet have to fight the Battle of the Bulge once or twice.

CSDGuy
06-26-2010, 8:15 PM
My guess is a while yet.... and we may yet have to fight the Battle of the Bulge once or twice.
As long as we're not General Custer, fighting the Battle of Little Bighorn... I'm good with it.

Scott Connors
06-26-2010, 8:23 PM
As long as we're not General Custer, fighting the Battle of Little Bighorn... I'm good with it.

Sounds like this lawyer Gorski has been channeling Custer's ghost. :nuts:

ojisan
06-26-2010, 8:27 PM
I'll do it. Two Weeks:D

:ban:


OP: There are a bunch of threads on this.
Simplified, as of today, you, as a resident of the state of CA, do not have a individual 2nd Amendment Right as written in the US Constitution.
Therefore, the state can do whatever it wants in this area.
Monday, we may have this 2nd Amendment right as an individual right for the very first time here in CA.
Therefore, the state cannot do whatever it wants in this area.
Lots of state laws have been written, lots will be re-written or overturned in the next 2-3 years as your new individual right cannot be ignored by the courts or CA Gov't anymore.



Mosin: Just kidding as always. :)

neomedic
06-26-2010, 8:29 PM
Isn't there a case pending on this outcome regarding the "safe" list? When Chicago goes down on Monday....how long do you guys think it will take before the safe list goes down. Been wanting to get a few goodies without having to pay and arm and a leg via PPT?

Thanks.

CSDGuy
06-26-2010, 8:36 PM
Sounds like this lawyer Gorski has been channeling Custer's ghost. :nuts:
You may be on to something... Custer's Ghost must be eradicated... Once that is done, Gorski might approach rationality. :eek:

N6ATF
06-26-2010, 9:49 PM
Therefore, the state can do whatever it wants in this area.
Monday, we may have this 2nd Amendment right as an individual right for the very first time here in CA.
Therefore, the state cannot do whatever it wants in this area.

The State can do whatever it wants as long as it's not held in contempt and jailed.

slappomatt
06-26-2010, 10:14 PM
:ban:


OP: There are a bunch of threads on this.
Simplified, as of today, you, as a resident of the state of CA, do not have a individual 2nd Amendment Right as written in the US Constitution.
Therefore, the state can do whatever it wants in this area.
Monday, we may have this 2nd Amendment right as an individual right for the very first time here in CA.
Therefore, the state cannot do whatever it wants in this area.
Lots of state laws have been written, lots will be re-written or overturned in the next 2-3 years as your new individual right cannot be ignored by the courts or CA Gov't anymore.



Mosin: Just kidding as always. :)

The way I see it, we have always had these "god given rights" its just that our liberal state government doesn't acknowledge them. Now hopefully we will have the federal government enforce our rights.

HCz
06-26-2010, 10:31 PM
Although I do think it will take a while. To use a World War II analogy, Heller was the Battle of Midway and McDonald will be the Battle of Guadalcanal.
Going with the analogy, I highly anticipate liberation of Phillipines(CA AWB, roster restrictions) and surrender of Japan(shall-issue CCW).:D

MikeR
06-26-2010, 10:33 PM
Win Monday? Sue the s**t out of them Tuesday? (No money in that though.)

Hey, a guy can dream right?

Dr Rockso
06-26-2010, 10:52 PM
:ban:


OP: There are a bunch of threads on this.
Simplified, as of today, you, as a resident of the state of CA, do not have a individual 2nd Amendment Right as written in the US Constitution.
Therefore, the state can do whatever it wants in this area.
Monday, we may have this 2nd Amendment right as an individual right for the very first time here in CA.
Therefore, the state cannot do whatever it wants in this area.
Lots of state laws have been written, lots will be re-written or overturned in the next 2-3 years as your new individual right cannot be ignored by the courts or CA Gov't anymore.

We had an incorporated 2nd amendment for nearly a month last year until the 9th Circuit decided to hear Nordyke en banc.

So what cases do we expect to move fairly quickly after McDonald? Nordyke, Sykes, Peņa, Palmer...missing any big ones?

Rossi357
06-26-2010, 11:26 PM
Going with the analogy, I highly anticipate liberation of Phillipines(CA AWB, roster restrictions) and surrender of Japan(shall-issue CCW).:D

And the Brady bunch hiding out on a Pacific island for the next 40 years. :TFH:

wildhawker
06-26-2010, 11:33 PM
:whistling: :43:

Gray Peterson
06-26-2010, 11:48 PM
We had an incorporated 2nd amendment for nearly a month last year until the 9th Circuit decided to hear Nordyke en banc.

So what cases do we expect to move fairly quickly after McDonald? Nordyke, Sykes, Peņa, Palmer...missing any big ones?

Peterson v. LaCabe (City of Denver and State of Colorado) and Peruta/CRPAF v. County of San Diego/William Gore.