Posted on 08/28/2022 6:33:09 AM PDT by marktwain
The Supreme Court decision in Bruen sets an appropriate standard for evaluating laws that violate a fundamental, enumerated right protected by the Constitution in the Second Amendment.
When there is a challenge to a federal or state rule, law, or regulation claiming such rule, law, or regulation violates the Second Amendment, the court is to evaluate the law based on the historical tradition of firearms regulation. It is up to the State to prove the longstanding history and cultural acceptance of such laws, rules, and regulations. If the State cannot prove such history and acceptance, the laws, rules, or regulations as of the date of ratification in 1791, or possibly, the date of ratification of the Fourteenth Amendment in 1868, are invalid under the Second Amendment.
One of the first legal challenges submitted to a court, relying on the Bruen decision, was from the defense representing CRS Firearms in what is commonly known as the Autokeycard case.
The new brief filed by Hoover’s legal team is a motion to dismiss the case and declare the National Firearms Act or NFA unconstitutional.
The brief relies on the recent Supreme Court decision in the New York State Pistol and Rifle Association v. Bruen. The main focus in Bruen was the right of an individual to carry a firearm outside the home for self-defense, but in addition to confirming that right, SCOTUS also ruled that the two-step process that courts have been using in Second Amendment cases was also unconstitutional.
This correspondent initially considered the motion to be a “hail Mary” type long shot. After reading the motion, it is a well-reasoned and crafted brief that gives the court several options to dismiss the case.
From the motion to dismiss:
Defendant is charged under 18 U.S.C. 5861 and 5871, as well as conspiracy
(Excerpt) Read more at ammoland.com ...
What’s an autokeycard?
The Constitution does not enumerate individuals’ rights. The Constitution enumerates certain limited GOVERNMENT rights and powers, mostly in Art. I, Sec. 8. If it’s not in the Constitution it is NOT an enumerated and valid federal government power. MOST of the federal government is unconstitutional and invalid.
The first ten amendments are a SAMPLING of individuals’’ rights against the government, not an “enumeration” or “bill of rights” of certain limited rights. If it’s not in the Constitution it IS a state and individual’s right and power. All of this is explained in the 9th and 10th Amendments which nobody reads.
The American public needs education in so many areas including the Constitution and the Declaration of Independence which is the moral basis and explanation for the Constitution.
It was a credit card sized piece of metal with the outline (drawing) of a full auto conversion part.
A gun is a piece of metal with holes.
A blunderbuss gives off quite a blast. One can be made with drop-in, replaceable, pre-loaded barrels. The flared barrel really isn’t essential.
What I suggest instead of ‘gun control’ is politician control, hopefully self-implemented.
Wher can I see a picture of it?
More than the issue of preserving the First or Second Amendments, we are in a struggle to defend the rule of law, which is fundamental to the protection not only the rights of free men, but perpetuation of an ordered, civil society. Not unlike the threat Julius Caesar presented to the Roman Republic.
Bad people can always get guns.
Amendment II is meant to ensure good people can get them too.
Any politician that rattles on about ‘gun control’ is an ignorant person.
Or knowledgeable, and evil...
Just Google “autokey card” select images.
It’s disturbing that what is basically just a picture is considered illegal.
A design of an apparatus on a credit card sized card that if transferred to a piece of metal and bent and formed just right, it then could be inserted into the fire group of a carbine making the carbine fully automatic. Basically the Feds said a drawing on a credit card blank is a machine gun.
Hit the Ammoland link, I think there’s a picture in the article. You can do an internet search too, I’ve seen pictures of the card, but I don’t remember where.
I’m sorry sir, but you are wrong.
Based upon what the framers thought when writing the second amendment (these thoughts were written down in the federalist papers) the second amendment was written to provide a means for the citizens to rise up and overthrow a government gone rogue.
With that in mind, we not only have the right, but the duty, to possess any weapon our military possesses.
This includes so called assault rifles, machine guns, grenades, rockets, tanks, mortars, etc.
Interesting fact, when this fledgling nation was fighting for independence, our government leased cannon and warships from private owners.
We had more rights under the crown than we do today.
WHAT!!! You trying to entrap us? You with the ATF? Just a picture of it is enough to go to prison for. He's in trouble for a piece of metal with a DRAWING on it. Nothing more.
Behave accordingly, Citizen.
Nice set of images on DDG...
Like baby pictures of your kid's first bath, for example?
That you send privately to your pediatrician (teledoc) for diagnostics and get outed by Google as a sex trafficker.
Nicely written, thank you
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.