Halbrook on Duncan and Bianchi and Bruen, oh my!

[Librarian]

https://reason.com/volokh/2024/04/03/second-amendment-roundup-a-double-shot-of-oral-arguments/#more-8271484

Because millions and millions of law-abiding Americans possess both the magazines banned by California and the rifles banned by Maryland, those bans are unconstitutional under a straightforward reading of Heller.

Unfortunately, the en banc Fourth and Ninth Circuits appear to be poised to defy Heller and hold that the California and Maryland laws are constitutional.

[AlmostHeaven]

Thumbs up to Reason for publishing this.

I wish more wide-reaching media outlets, even just "conservative"-leaning ones, would regularly report on the utterly absurd machinations, procedural gamesmanship, legal fraud, and outright defiance currently happening within the liberal lower courts in every case involving Second Amendment jurisprudence.

Hardly anyone, including right-leaning people who would sympathize with the message, has awareness, outside of the highly informed segment of the gun rights community.

[Rustlin’ Jack]

Halbrook thinks that whatever case constitutes Part 3, behind Heller and Bruen, will deal with all the rebellion in the inferior courts. When it comes, I hope it is as clear to the politicians in black robes, that rule the kingdoms called inferior courts, that what the Supreme Court says, it means.

[Rickybillegas]

It seems we're getting much better results from district courts.
It's the appeals courts that seem more obstinate and hell bent on sticking to
'interest-balancing' analysis.

[ritter]

It seems we're getting much better results from district courts.
It's the appeals courts that seem more obstinate and hell bent on sticking to
'interest-balancing' analysis.

Yup.

[AlmostHeaven]

Halbrook thinks that whatever case constitutes Part 3, behind Heller and Bruen, will deal with all the rebellion in the inferior courts. When it comes, I hope it is as clear to the politicians in black robes, that rule the kingdoms called inferior courts, that what the Supreme Court says, it means.

I hope, pray, knock on wood, burn incense, and whatever else needs to be done for the Supreme Court to grant certiorari to an assault weapons ban or high-capacity magazine ban case, ideally both, to address all of the lower court massive resistance. Every month the high court does not act, my optimism fades.

[Silence Dogood]

I see what you did there Librarian and I like it.

I agree with every post, especially AH's last comment about the need for greater proliferation of this content outside 2A advocacy groups.

[AlmostHeaven]

I have seen Mark Smith of The Four Boxes Diner featured live on Fox News, but he mainly talks about the various legal prosecutions against former President Donald Trump, rather than Second Amendment litigation.

[Sgt Raven]

I have seen Mark Smith of The Four Boxes Diner featured live on Fox News, but he mainly talks about the various legal prosecutions against former President Donald Trump, rather than Second Amendment litigation.

I would expect if a major 2A case gets to SCOTUS, then Mark W Smith will be covering it on Fox.

[AlmostHeaven]

I would expect if a major 2A case gets to SCOTUS, then Mark W Smith will be covering it on Fox.

I cannot wait to see the day.

[sirgrumps]

Halbrook thinks that whatever case constitutes Part 3, behind Heller and Bruen, will deal with all the rebellion in the inferior courts. When it comes, I hope it is as clear to the politicians in black robes, that rule the kingdoms called inferior courts, that what the Supreme Court says, it means.

I am assuming that if cert is granted, either Thomas or Alito will write the majority opinion and will drop a bag of hammers on the 2nd, 4th, 7th, and 9th Circuses and explain to them in no UNCERTAIN terms, that the 2A will be treated and respected like the 1A.

However, the current regime and DOJ seem to forget that Speech and guns are protected by the Constitution. Look at the Doug Mackey prosecution over the obvious satire meme about voting by text, the disbarment of John Eastman.

The left to going after their enemies.

Be prepared

[AlmostHeaven]

I am assuming that if cert is granted, either Thomas or Alito will write the majority opinion and will drop a bag of hammers on the 2nd, 4th, 7th, and 9th Circuses and explain to them in no UNCERTAIN terms, that the 2A will be treated and respected like the 1A.

However, the current regime and DOJ seem to forget that Speech and guns are protected by the Constitution. Look at the Doug Mackey prosecution over the obvious satire meme about voting by text, the disbarment of John Eastman.

The left to going after their enemies.

Be prepared

The "moderate" Supreme Court Justices need to grow spines and allow such a powerful majority opinion to occur.

[Bhobbs]

I hate the argument that machine guns aren?t protected because there are only 176,000 in private hands. Maybe if the government didn?t make it impossible to own machine guns, there would be more of them. If there was no NFA and Hughes, I bet a large portion of the ARs sold today would be select fire. That opportunity was taken from us.

The gun rights movement has got to stop thinking that compromise will give us a win. Throwing MGs under the bus isn?t going to make them give us ARs.

[zeneffect]

I hate the argument that machine guns aren?t protected because there are only 176,000 in private hands. Maybe if the government didn?t make it impossible to own machine guns, there would be more of them. If there was no NFA and Hughes, I bet a large portion of the ARs sold today would be select fire. That opportunity was taken from us.

The gun rights movement has got to stop thinking that compromise will give us a win. Throwing MGs under the bus isn?t going to make them give us ARs.

If we use gun grabber logic... Ar15 are the same as m16 which are machine guns.

Applying Heller: that makes the class of firearm, machine guns in common use for lawful purposes by tens of millions, not unusual and thus protected.

If they want to say stupidity make them eat their own words.

[Bhobbs]

The issue is no court will find that way. If anything, they will find against AR15s.