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What are the chances that in the next year or so Gunmageddon and 63 are overturned in SCOTUS?

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  • maidenrules29
    Member
    • Mar 2016
    • 286

    What are the chances that in the next year or so Gunmageddon and 63 are overturned in SCOTUS?

    With Trump elected, and the possibility that we will have maybe 2 pro-2A judges soon, ( Ginsberg, please retire already! ) how possible is it that these draconian state laws can be overturned, even if it supercedes state's rights? I sure hope it's possible. I'm no lawyer so I don't know how likely it is. Do any of you have some real insight on the possibility of this happening, maybe cite some case law or otherwise? ( Hopefully I did not start a duplicate thread! )
    Last edited by maidenrules29; 12-21-2016, 8:28 PM.
  • #2
    ProtectThe2nd
    In Memoriam
    • Mar 2016
    • 1225

    Well, since an Embassy has opened in Moscow I think jurisdiction will be an issue

    LMAO
    sigpic
    ESCAPE IF YOU CAN


    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    "The Second Amendment ex-tends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding." - The United States Supreme Court -

    Comment

    • #3
      Felix168
      Senior Member
      • Aug 2012
      • 501

      0, zero, pick one

      Comment

      • #4
        Capybara
        CGSSA Coordinator
        CGN Contributor
        • Feb 2012
        • 14251

        Wishful thinking. The California gun owner is doomed.
        NRA Certified Metallic Cartridge Reloading Instructor, Shotgun Instructor and Range Safety Officer

        sigpic

        Comment

        • #5
          colossians323
          Crusader for the truth!
          CGN Contributor - Lifetime
          • Oct 2005
          • 21330

          Originally posted by Capybara
          Wishful thinking. The California gun owner is doomed.
          /thread
          LIVE FREE OR DIE!

          M. Sage's I have a dream speech;

          Originally posted by M. Sage
          I dream about the day that the average would-be rapist is afraid to approach a woman who's walking alone at night. I dream of the day when two punks talk each other out of sticking up a liquor store because it's too damn risky.

          Comment

          • #6
            Fox Mulder
            Member
            • Jul 2016
            • 446

            Zero. The wheels of justice turn slowly. You'd be much closer to the correct timeline if you asked "what are the chances of Gunmageddon and 63 being overturned in the next 10 years".
            sigpic

            Originally posted by bagman
            Don't sweat the petty things. Pet the sweaty things.

            Comment

            • #7
              digelectric
              Senior Member
              • Sep 2016
              • 536

              Pretty much zero.

              Comment

              • #8
                DarkSoul
                Senior Member
                • Nov 2011
                • 977

                There is a zero percent chance of anything being overturned. Look at Peruta, we won that case straight up, but the Kamala went and pissed and moaned until it was overturned. California will still ban guns, they don't care what the courts say, they will just ban them anyways.

                Comment

                • #9
                  Cokebottle
                  Señor Member
                  CGN Contributor - Lifetime
                  • Oct 2009
                  • 32373

                  Try 8-10 years.

                  Definitely not in the next "year or so"
                  It has to go to the local courts, be appealed to the 9th, THEN goes to SCOTUS and heard if they grant cert.

                  Peruta JUST left the 9th and will be heading to SCOTUS.
                  Peruta was initially ruled (in our favor) by the 9th in early 2014.
                  The initial oral arguments were at the end of 2012

                  ...The initial complaint was filed at the end of 2009

                  You can view the U.S. Supreme Court docket here: Peruta v. San Diego Date Filing Party Document U. S. Supreme Court 6/26/2017 Court Petition DENIED. Justice Thomas, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. Order Denying Petition for Writ of Certiorari 6/19/2017 Court DISTRIBUTED for Conference of June 22, 2017.


                  MacDonald was ruled in 2010.
                  SCOTUS took the case in 2008
                  Heller vs DC ran from 2002 to 2008

                  These were both with a friendly SCOTUS

                  Tell us again how a Trump SCOTUS is magically going to fix California in "a year or so"

                  Justices can't rule on cases not before them.
                  They can not invite cases. They have to be submitted.
                  They can't just say "I don't like what's happening in California, knock it off!"
                  SCOTUS does not hear cases unless they have already been through the circuit courts, and often not taking cases unless there is a split-decision at the circuit level.

                  It takes 2-3 presidential terms for many of these cases to go from start to finish.


                  Even if Congress passes a bill that establishes Federal preemption over state and local firearms laws, THAT will be appealed by anywhere from 10-20 states and find its way to SCOTUS.


                  We have hope... certainly more hope than we had a year ago and absolutely more hope than had Hillary won... but nothing happens fast in the legal world.
                  - Rich

                  Originally posted by dantodd
                  A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                  Comment

                  • #10
                    zhyla
                    Banned
                    • Aug 2009
                    • 2017

                    Best case a judge is appointed early next year and the bleeding stops the following year (Peruta if we are lucky). If we get some relief in the next 10 years I'd be happy.

                    Comment

                    • #11
                      GM4spd
                      Calguns Addict
                      • May 2008
                      • 5682

                      I remember when I first came on this site,all I heard over and over was
                      "Wait till Nordyke" gets to court,for a LONG time. Well it eventually came
                      and went,mostly went! The court system isn't going to fix anything
                      for pro gun people in this state.

                      Comment

                      • #12
                        BluNorthern
                        I need a LIFE!!
                        • Mar 2010
                        • 10236

                        Put down the crack pipe and back away....
                        "I don't do these things to other people, and I require the same from them."

                        Gun control is like trying to reduce drunk driving by making it tougher for sober people to own cars.

                        Comment

                        • #13
                          dingos
                          Senior Member
                          • May 2013
                          • 1095

                          States run and govern themselves. Trumps victory will have little to no impact in the 1 party system that is CA. CA is not a gun culture (hunting) state. Without changing the culture change will not come. If at all, CA will not experience positive change for generations. I hope I'm wrong but highly unlikely. Our game is to file lawsuits after more infringements then wait ten years for a final decision. With this strategy, can anyone predict any outcome? Without a cultural change which is lengthy in itself, we can expect more of the same.

                          Comment

                          • #14
                            dieselpower
                            Banned
                            • Jan 2009
                            • 11471

                            Originally posted by Cokebottle
                            Try 8-10 years.

                            Definitely not in the next "year or so"
                            It has to go to the local courts, be appealed to the 9th, THEN goes to SCOTUS and heard if they grant cert.

                            Peruta JUST left the 9th and will be heading to SCOTUS.
                            Peruta was initially ruled (in our favor) by the 9th in early 2014.
                            The initial oral arguments were at the end of 2012

                            ...The initial complaint was filed at the end of 2009

                            You can view the U.S. Supreme Court docket here: Peruta v. San Diego Date Filing Party Document U. S. Supreme Court 6/26/2017 Court Petition DENIED. Justice Thomas, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. Order Denying Petition for Writ of Certiorari 6/19/2017 Court DISTRIBUTED for Conference of June 22, 2017.


                            MacDonald was ruled in 2010.
                            SCOTUS took the case in 2008
                            Heller vs DC ran from 2002 to 2008

                            These were both with a friendly SCOTUS

                            Tell us again how a Trump SCOTUS is magically going to fix California in "a year or so"

                            Justices can't rule on cases not before them.
                            They can not invite cases. They have to be submitted.
                            They can't just say "I don't like what's happening in California, knock it off!"
                            SCOTUS does not hear cases unless they have already been through the circuit courts, and often not taking cases unless there is a split-decision at the circuit level.

                            It takes 2-3 presidential terms for many of these cases to go from start to finish.


                            Even if Congress passes a bill that establishes Federal preemption over state and local firearms laws, THAT will be appealed by anywhere from 10-20 states and find its way to SCOTUS.


                            We have hope... certainly more hope than we had a year ago and absolutely more hope than had Hillary won... but nothing happens fast in the legal world.

                            Ca will not comply with SCOTUS rulings. Just as CA gun owners find legal work-arounds to continue to own the guns they want, CA Legislators will find work-arounds to skirt SCOTUS rulings.

                            Comment

                            • #15
                              Jimi Jah
                              I need a LIFE!!
                              • Jan 2014
                              • 17496

                              California doesn't pay much attention to the US Constitution. Why would they if there are zero consequences?

                              Comment

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