Ammunition Ban Violates Second Amendment

[wash]

Irrelevant; as written, and ignoring any other constitutional issues, it fails on preemption grounds. Read the 3 cases, and stay tuned for some *interesting* revelations about AB962.

I can't wait to hear those!

[stix213]

Linking ammunition with the right to bear arms sounds to me like any attempt to say UOC was the lawful manner of the "bear" side of the 2A would fail for certain, if that's even being tried.

[Librarian]

is there any chance AB962 can be amended so it wont be weakened by these cases and outcomes or are we in fact seeing a light at the end of the tunnel?

That would require a new bill, not sooner than January and not out of the process sooner than about July.

There are ways to get emergency legislation through, but this topic probably wouldn't qualify - would need the Governor to make a proclamation requiring a session on 'crime' or some such. (Extraordinary session, urgency bill, 2/3 majority in each house would be the 'cleanest' version; in regular session, Speaker can approve introduction of a bill after deadline, supermajority - 54 - votes can change deadlines and such.)

[N6ATF]

Ooh, "coextensive", words like that make me randy, baby.

[yellowfin]

This has immediate application against NYC and NJ which have ammo possession bans, the former being a felony charge.

[bigstick61]

This has immediate application against NYC and NJ which have ammo possession bans, the former being a felony charge.

Didn't someone driving through D.C. who had his car searched get in trouble this week for ammo possession? D.C. has some pretty screwed up laws. Hopefully the guy gets a good lawyer who takes advantage of these 2nd Amendment cases.

[QQQ]

Ah sheeze- don't even get me started on DC's gun laws. Folks talk about how nice it would be to move from CA to AZ- believe me, moving from DC to CA feels kinda like that.

And yes, in order to even possess ANY sort of ammunition, be it rifle or handgun, you need to have a valid firearms license for a firearm of the same caliber. And you can't take it out of your home unless you're going hunting or to the range. And heaven forbid you're one of the hundreds of thousands of DC residents who cannot afford to have a car- you don't have a snowball's chance in hell of exercising your RKBA. It doesn't surprise me the least bit that they smacked someone for carrying ammunition in their car.
And yes, even long guns must be licensed and registered- a process which involves expenses running into the hundreds as well as a course on handgun safety (regardless of whether you plan to register a handgun, rifle, or shotgun). DC is the Brady Bunch's wet dream. Kinda sad and funny that in spite of all this, DC still has one of the highest firearm homicide rates in the country.

[obeygiant]

Ooh, "coextensive", words like that make me randy, baby.

[Kavey]

Appellate ruling - 2nd Amendment protects ammo

This is my first post on Calguns.net, so please be gentle with me.

Because of the upcoming legal battles over AB962, I thought that yesterday's D.C. Appellate Court decision might be of significance. It appears to be the first ruling that holds that ammunition is protected by the Second Amendment. How about some of you crackerjack legal brains look this over and tell us what you think.

http://volokh.com/2010/11/04/d-c-s-highest-court-holds-ammunition-ban-violates-second-amendment/

[foxtrotuniformlima]

Unfortunately, anything that happens in the District of Columbia gets little to no play in the rest of the US.

It is a great ruling, don't get me wrong, but just like Heller, it only affects The District until the SCOTUS rules on it.

[Librarian]

Astonishingly, the first thread on this has already dropped down to third page ... merged.

Good first post, though.

[yellowfin]

They really could have and should have left "in the home" out of that ruling. Why didn't they?

[Librarian]

They really could have and should have left "in the home" out of that ruling. Why didn't they?

Because that was the wording of the appeal (page 6 and other places).

[yellowfin]

So we're back to waiting on Palmer...again. What in the heck is STILL taking so long?!?