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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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  #1361  
Old 09-28-2020, 1:45 PM
press1280 press1280 is offline
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Originally Posted by mrrabbit View Post
May Issue, just like California.

=8-|

. . . until the next case that makes it all the way up to CA9.

Rinse . . . repeat.

=8-(
Young isn't claiming a special need. How does he get issued a permit and they tell the next applicant you can't get one?
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  #1362  
Old 09-28-2020, 3:15 PM
mrrabbit mrrabbit is offline
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Originally Posted by press1280 View Post
Young isn't claiming a special need. How does he get issued a permit and they tell the next applicant you can't get one?
Because the case was mooted - no striking of regulation or statute issuances by CA9.

=8-|
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  #1363  
Old 09-29-2020, 8:33 AM
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Aldo The Apache Aldo The Apache is offline
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They weren’t defining terms for fun. The whole point was to decide if “keep” by the “people” was an individual right or not. The definitions of terms means everything. They just defined “bear”, which in plain language is protected literally by the amendment.
Right. The “keep” portion, IMO, is meant to solidify the preempt “A Well Regulated...” to be ready at a moments notice w/o Gov intervention (since Gov was too small at the time (and I believe that’s how the framers intended, but I digress) to outfit an entire nation in its infancy.
I don’t believe “keep and bear” applies to the Armed Forces since it’s a separate entity governed by Gov. and are already mandated, by definition, to “keep and bear”. So the exercise to “keep and bear” mirrors that of the Armed Forces’ but without Gov support/or regulations. In other words “the right of The People, to keep and bear arms, shall not be infringed.”

Furthermore, in other words, do the courts really think BCT or BRM was provided for (in those days) or was it assumed The People would bring their marksmanship to the battlefield when called and/or when Gov fails?

I believe “keep” implies the narrative of separation of powers (The People vs Gov) that is already stated and written in the Constitution and The Bill of Rights from beginning to end.
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  #1364  
Old 09-29-2020, 3:02 PM
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  #1365  
Old 09-29-2020, 3:09 PM
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The Bliss angle is an interesting one. Let’s assume this was indeed a complete fluke by an activist court. Outside of KY, why would so many state RKBA amendments carve concealed carry out of the right? If it’s just limited to KY, why bother with the wording?
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  #1366  
Old 09-29-2020, 3:24 PM
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Thank you!
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