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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #3601  
Old 04-28-2021, 9:14 AM
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1911_sfca 1911_sfca is offline
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Quote:
Originally Posted by MountainLion View Post
You forgot ...
kcbrown: We will lose every case, because all judges are appointed by demonrats.
ja308: Trump is still president, donate to the NRA, we're winning.
mrrabbit: God wants you to carry open, which Scalia has said is legal, and concealing is dumb.

It used to be much more fun:
hoffmang: My ego is so big, and I'm so good at managing lawyers, I was able to get my favorite insult on a license plate, and I got a CCW in a red county. Since all my problems are solved, there is no need for improving gun rights any further.
wildhawker: You are all losers. Send all the money to the FPC, but you stink.
artherd: Use this new payment system I created to pay for your guns. Send all your money here, and it will pay my credit card bills.
xenophobe: This is how you actually assemble an AR lower.
fabio: This is exactly what is wrong with the most recent cases that CGF/Hokanson/Nichols/FPC/Beck/... have filed.

The fun thing is to remember posts from 2017, and see where the FPC was trying to torpedo this very Duncan case!
Ding ding ding! We have a winner.
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  #3602  
Old 04-28-2021, 10:52 AM
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Originally Posted by pacrat View Post
Strictly for the sake of discussion. In relation to Anti 2A laws. The "EQUAL PROTECTION CLAUSE" OF THE 14TH A". Is as much of a disfavored RIGHT as is the 2A.
It's funny to see a self-avowed conservative and defender of the NRA argue for the importance of the EP clause. Remember the McDonald case, where the SAF (argued by Gura) got the 2A incorporated? Remember how the NRA, led by Chris Cox and represented by Halbrook, wanted to have its own case heard first, or at least merged with McDonald, and did everything it could to damage McDonald?

The answer to why is that the NRA was worried that Gura and his friends at Cato and SAF would manage to overturn the Cruikshank, Presser and Slaughterhause cases using P&I and EP. Which to the NRA was horrifying, since it would imply that blacks have the same right to vote as whites, and that gays have the same right to marry as heteros. The NRA, often humorously named "National Republican Apologists", and seeing itself as the storm troopers of the religious right, found this unacceptable. They preferred to have really weak incorporation or no incorporation.

Fortunately for the NRA, the Supreme Court conservative majority understood the situation, and followed the century long tradition of using DP for selective incorporation. The lone dissenter was Justice Thomas, who came to the same conclusion (the 2A is incorporated against Chicago and Oak Park) but from the P&I clause. He has also been using the EP clause in some of his justifications in other cases.

So be careful what you wish for. If you want P&I, EP and takings clauses, you will also get a wide expansion of civil rights, perhaps to groups and causes you don't want to support in this fashion. Selective DP is much safer in this regard.
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Last edited by MountainLion; 04-28-2021 at 10:56 AM..
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  #3603  
Old 04-28-2021, 11:07 AM
Bolt_Action Bolt_Action is offline
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Originally Posted by MountainLion View Post
So be careful what you wish for. If you want P&I, EP and takings clauses, you will also get a wide expansion of civil rights
Sound good to me.
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  #3604  
Old 04-28-2021, 3:45 PM
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Originally Posted by Bolt_Action View Post
Sound good to me.
With you there, Bolt_Action.

Bring it on.
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  #3605  
Old 04-28-2021, 5:11 PM
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MountainLion said;

Quote:
The answer to why is that the NRA was worried that Gura and his friends at Cato and SAF would manage to overturn the Cruikshank, Presser and Slaughterhause cases using P&I and EP. Which to the NRA was horrifying, since it would imply that blacks have the same right to vote as whites, and that gays have the same right to marry as heteros. The NRA, often humorously named "National Republican Apologists", and seeing itself as the storm troopers of the religious right, found this unacceptable. They preferred to have really weak incorporation or no incorporation.
I assuredly do not concur with the allegation that NRA was, or is, in any way concerned in voter suppression, homosexual, evangelical, or any other "causes". Other than 2A.

NRA openly welcomes all persons believing in 2A rights as members. And all their Black, Latino, Asian, Pink Pistols, and Pro Choice members would disagree with you.

Sadly it appears as if you have fallen into the Leftist Propaganda Swamp and swallowed a large dose of Kool-aid.
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  #3606  
Old 04-28-2021, 5:31 PM
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Quote:
Originally Posted by MountainLion View Post
You forgot ...
kcbrown: We will lose every case, because all judges are appointed by demonrats.
ja308: Trump is still president, donate to the NRA, we're winning.
mrrabbit: God wants you to carry open, which Scalia has said is legal, and concealing is dumb.

It used to be much more fun:
hoffmang: My ego is so big, and I'm so good at managing lawyers, I was able to get my favorite insult on a license plate, and I got a CCW in a red county. Since all my problems are solved, there is no need for improving gun rights any further.
wildhawker: You are all losers. Send all the money to the FPC, but you stink.
artherd: Use this new payment system I created to pay for your guns. Send all your money here, and it will pay my credit card bills.
xenophobe: This is how you actually assemble an AR lower.
fabio: This is exactly what is wrong with the most recent cases that CGF/Hokanson/Nichols/FPC/Beck/... have filed.

The fun thing is to remember posts from 2017, and see where the FPC was trying to torpedo this very Duncan case!


This, sir, was too awesome for words.
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The real world laughs at optimism. And here's why.
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  #3607  
Old 04-28-2021, 5:34 PM
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Quote:
Originally Posted by MountainLion View Post
So be careful what you wish for. If you want P&I, EP and takings clauses, you will also get a wide expansion of civil rights, perhaps to groups and causes you don't want to support in this fashion. Selective DP is much safer in this regard.
(bolded emphasis mine)

It ain't a right if it can't be exercised by all law-abiding citizens ...
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The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional.

The real world laughs at optimism. And here's why.
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  #3608  
Old 04-28-2021, 8:22 PM
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TrappedinCalifornia TrappedinCalifornia is offline
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Quote:
Originally Posted by CandG View Post
Is it just me, or does every litigation thread (in between case movements) have exactly the same back-and-forth content?

"I don't know why you all trust the courts"

"Because we have no other choice"

"yes we do, we revolt!"

"Ok, you first, big guy"

..........*crickets*..............

"I don't know why you all trust the courts"

"Because we have no other...



I honestly always have to re-check which thread I'm in because it's never clear from reading the posts in it.
Quote:
Originally Posted by MountainLion View Post
You forgot ...
kcbrown: We will lose every case, because all judges are appointed by demonrats.
ja308: Trump is still president, donate to the NRA, we're winning.
mrrabbit: God wants you to carry open, which Scalia has said is legal, and concealing is dumb.

It used to be much more fun:
hoffmang: My ego is so big, and I'm so good at managing lawyers, I was able to get my favorite insult on a license plate, and I got a CCW in a red county. Since all my problems are solved, there is no need for improving gun rights any further.
wildhawker: You are all losers. Send all the money to the FPC, but you stink.
artherd: Use this new payment system I created to pay for your guns. Send all your money here, and it will pay my credit card bills.
xenophobe: This is how you actually assemble an AR lower.
fabio: This is exactly what is wrong with the most recent cases that CGF/Hokanson/Nichols/FPC/Beck/... have filed...


What's SVT-40's signature line?

Quote:
Originally Posted by fiddletown
What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

Last edited by TrappedinCalifornia; 04-28-2021 at 8:26 PM..
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