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! )
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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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What are the chances that in the next year or so Gunmageddon and 63 are overturned in SCOTUS?
Last edited by maidenrules29; 12-21-2016, 8:28 PM.Tags: None -
Well, since an Embassy has opened in Moscow I think jurisdiction will be an issue
LMAOsigpic
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 - -
LIVE FREE OR DIE!
M. Sage's I have a dream speech;
Originally posted by M. SageI 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
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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 bagmanDon't sweat the petty things. Pet the sweaty things.Comment
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Pretty much zero.Comment
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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
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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 dantoddA 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
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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
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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
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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
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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
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