US appeals court deems gun law unconstitutional

[spencer60]

I thought the court of appeals was merely a "yes this looks like a good decision" or "no the lower court made an error" three federal courts really hold light merit in the overall picture. And our ****ty supreme court would never hear a 2A case. Like they never want to hear any constitutional cases. Its like they're afraid to due their duty and invoke their Authori-tay.

Yup, the Appeals courts generally only look at matters of law, not matters of fact. That's why they left the government an out that would make the whole thing moot, mainly to give this guy a way to get his rights back.

They really were looking at the law here though, and if the gov't doesn't change things it could end up as a SC case, although it's not very likely. It's not really their 'kind' of case, although they may take it based on the whole 'arbitrary suspension of rights thing.

We've actually been lucky with our 2A decisions on the SC, considering how close the political balance is on the bench. Just think what things would look like today if Heller/McDonald had gone the other way... and then we had the massive Sandy Hook anti-gun campaign.

The SC has had numerous chances to rule on 2A issues since the 1930's, and passed them all by. The fact that we've seen 2 major, rights-protecting, rulings in the last decade is actually amazingly good...

 

[insulinboy]

You and me both, brother man.

I don't know about "serious" changes to the class 3 laws (admittedly I'm only just starting to research them) But the laws governing that no new weapons can be manufactured I don't agree with. As well I don't know about registration, but I do not completely disagree with the deeper background check

 

[mkdhotrod]

Yup, the Appeals courts generally only look at matters of law, not matters of fact. That's why they left the government an out that would make the whole thing moot, mainly to give this guy a way to get his rights back.

They really were looking at the law here though, and if the gov't doesn't change things it could end up as a SC case, although it's not very likely. It's not really their 'kind' of case, although they may take it based on the whole 'arbitrary suspension of rights thing.

We've actually been lucky with our 2A decisions on the SC, considering how close the political balance is on the bench. Just think what things would look like today if Heller/McDonald had gone the other way... and then we had the massive Sandy Hook anti-gun campaign.

The SC has had numerous chances to rule on 2A issues since the 1930's, and passed them all by. The fact that we've seen 2 major, rights-protecting, rulings in the last decade is actually amazingly good...

It is, but I think it's good to keep cases at the appeal level, because we can won there more easy than the supreme court, which has the power to be devastating

 

[spencer60]

Yup, that was what the NRA was so scared about when they were arguing Heller. A loss there (and at the time that seemed more likely than not) would have set the 2A movement back decades. They pushed hard on the SAF to drop the case, but luckily Gura was able to talk them out of that and go forward.

No risks, no reward though... and if we don't push the cases we think we can win to the SC, the gun grabbers will still be pushing theirs.