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View Full Version : Incorporation of future SCOTUS rulings?


Harrison_Bergeron
12-17-2012, 5:43 PM
Does McDonald's existence automatically incorporate all future 2A cases to the states, or does each issue need its own McDonald?

In other words, if DiFi pushes her Federal AWB through and Gura kills it once and for all in SCOTUS, will potentially beneficial wording help fight our own AW ban in CA right away; or would it being a Federal case mean that we need a state law case to make it to SCOTUS before anything happens at the state level?

wash
12-17-2012, 5:54 PM
McDonald v. Chicago incorporated the second amendment for all of us but circuit splits are still possible so an "assault weapon" ban struck down in the second circuit will not help us in the ninth circuit if the judges decide to ignore that ruling but any case making it to SCOTUS should influence the ninth circuit very strongly.

The court system creates a lot of work for us which is why we have to avoid tempting our largely incompetent legislature to pass unconstitutional laws.

Mulay El Raisuli
12-18-2012, 7:31 AM
Does McDonald's existence automatically incorporate all future 2A cases to the states, or does each issue need its own McDonald?

In other words, if DiFi pushes her Federal AWB through and Gura kills it once and for all in SCOTUS, will potentially beneficial wording help fight our own AW ban in CA right away; or would it being a Federal case mean that we need a state law case to make it to SCOTUS before anything happens at the state level?


It's not that tricky. Heller established firmly & irrevocably that the 2A is an individual Right. McDonald extended that to ALL states & municipalities. NO state is trying to outlaw guns completely. Even the Bradys have given up that fight.

So, if a Federal AWB passes, & if Gura gets it struck down on Constitutional grounds, AWB bans everywhere will be struck down. That will be the law.


The Raisuli