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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 03-26-2020, 9:46 AM
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Default SAF files restraining order against NJ's gun store ban during COVID

https://www.scribd.com/document/4533...Ban-TRO-Motion

restraining order filed by saf
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Old 03-26-2020, 11:12 AM
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Everyone should be supporting the Second Amendment Foundation as well as the NRA and the CRPA.

The fact that so many gun owners are ignorant and cheap is the single biggest advantage the anti's have.
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Old 03-26-2020, 11:38 AM
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This will be very interesting, especially in light of the PA State Supreme Court’s denial of the request for temporary relief.

Can a federal court order a state agency to operate? Interesting issue.

I am thinking the federal court can allow the state to choose to either a) operate the state background check system at normal/reasonable staffing levels, or b) waive all state requirements for the duration of the shutdown.

The Plaintiffs do not clearly specify exactly what are the terms of the injunction they seek.
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Old 03-26-2020, 12:39 PM
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Quote:
Originally Posted by Elgatodeacero View Post
This will be very interesting, especially in light of the PA State Supreme Court’s denial of the request for temporary relief.

Can a federal court order a state agency to operate? Interesting issue.

I am thinking the federal court can allow the state to choose to either a) operate the state background check system at normal/reasonable staffing levels, or b) waive all state requirements for the duration of the shutdown.

The Plaintiffs do not clearly specify exactly what are the terms of the injunction they seek.
They aren't ordering someone to operate they are ordering the state not to interfer with a protected right. The shop can decide on it's own to stay open or close.

Can the federal government force a state to continue to operate facilities required for a protected right, sure.

A state couldn't close down the streets on election day. They couldn't erect a wall around all news stands. The state has decided it wants to regulate gun sales. It can't just shutdown the system by which it regulates enacting a ban.

Would it be legal for California to shutdown cfars it the dros system except for 1 to 2 am on February 29?
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Old 03-26-2020, 12:45 PM
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I am not sure if anti-commandeering jurisprudence prevents the federal court from ordering a state agency to operate. It is a very technical area of law. That doesn’t mean there isn’t another remedy, such as allowing dealers in NJ to ignore state law and process Brady checks directly through FBI.
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Old 03-26-2020, 8:04 PM
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Someone needs to sue LA Sheriff
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Old 03-28-2020, 11:24 AM
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If NJ has stopped processing both CCW & OC permits, doesn't that mean they're also violating the 2nd A RBA?



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Old 03-30-2020, 2:17 PM
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NJ governor reverses, and uses as his excuse the DHS opinion that gun shops and ranges are essential services. This seems to be weak cover, since we all know the federal opinion was advisory only.

https://www.politico.com/states/new-...reopen-1269605

SAF says lawsuit will continue and they will seek permanent injunction so this cannot happens again.

California seems to be the last hold out state with some counties ordering gun shop and range closures.

California state officials and the offending counties will likely reverse now, and if not we should get a decision on the request for injunction fairly quickly.
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