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Charge in Autokeycard Case Unconstitutional Under Second Amendment: Motion to Dismiss
AmmoLand ^ | August 16, 2022 | Dean Weingarten

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 ...


TOPICS:
KEYWORDS: 2ndamendment; autokeycard; banglist; bruen; creepstate; deepstate; defundthepolice; ericadams; newyork; newyorkcity; nra; policestate; secondamendment; singlepartystate
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There are First Amendment protections involved, as well as Second Amendment. This is the ATF trying to control the knowledge of how to make guns.
1 posted on 08/28/2022 6:33:09 AM PDT by marktwain
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To: marktwain

What’s an autokeycard?


2 posted on 08/28/2022 6:41:55 AM PDT by null and void (they promise the jetsons but deliver the flintstones)
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To: marktwain

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.


3 posted on 08/28/2022 6:44:43 AM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ (Jude 3) and our Free Constitutional Republic!)
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To: null and void

It was a credit card sized piece of metal with the outline (drawing) of a full auto conversion part.


4 posted on 08/28/2022 6:46:28 AM PDT by sjmjax
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To: marktwain

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.


5 posted on 08/28/2022 6:49:35 AM PDT by Brian Griffin
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To: sjmjax
That's horrible! There auto be a law! </sarchasm? irony? schadenfreude?>

Wher can I see a picture of it?

6 posted on 08/28/2022 6:50:09 AM PDT by null and void (they promise the jetsons but deliver the flintstones)
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To: marktwain

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.


7 posted on 08/28/2022 6:50:48 AM PDT by Spok (Ask a liberal to explain the rule of law as applied to DJT, then Hunter Biden.)
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To: marktwain

Bad people can always get guns.

Amendment II is meant to ensure good people can get them too.


8 posted on 08/28/2022 6:52:46 AM PDT by Brian Griffin
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To: marktwain

Any politician that rattles on about ‘gun control’ is an ignorant person.


9 posted on 08/28/2022 6:55:13 AM PDT by Brian Griffin
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To: Brian Griffin
Any politician that rattles on about ‘gun control’ is an ignorant person.

Or knowledgeable, and evil...

10 posted on 08/28/2022 7:03:48 AM PDT by null and void (they promise the jetsons but deliver the flintstones)
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To: null and void

Just Google “autokey card” select images.
It’s disturbing that what is basically just a picture is considered illegal.


11 posted on 08/28/2022 7:11:07 AM PDT by sjmjax
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To: null and void

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.


12 posted on 08/28/2022 7:11:17 AM PDT by bigfootbob (Arm Up and Carry On!)
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To: null and void

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.


13 posted on 08/28/2022 7:13:33 AM PDT by bigfootbob (Arm Up and Carry On!)
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To: Brian Griffin

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.


14 posted on 08/28/2022 7:17:44 AM PDT by joe fonebone (And the people said NO! The End)
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To: null and void
Wher can I see a picture of it?

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.

15 posted on 08/28/2022 7:51:52 AM PDT by BipolarBob (Vote NOW!! to repeal the Second Law of Thermodynamics like your life depends on it.)
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To: null and void

16 posted on 08/28/2022 7:53:03 AM PDT by BipolarBob (Vote NOW!! to repeal the Second Law of Thermodynamics like your life depends on it.)
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To: BipolarBob
Mmmmmmmmaybe. Everyone on the internet is an FBI (or worse, hard to imagine, but...) agent.

Behave accordingly, Citizen.

Nice set of images on DDG...

17 posted on 08/28/2022 8:54:19 AM PDT by null and void (they promise the jetsons but deliver the flintstones)
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To: sjmjax
It’s disturbing that what is basically just a picture is considered illegal.

Like baby pictures of your kid's first bath, for example?

18 posted on 08/28/2022 8:55:31 AM PDT by null and void (they promise the jetsons but deliver the flintstones)
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To: null and void
Like baby pictures of your kid's first bath

That you send privately to your pediatrician (teledoc) for diagnostics and get outed by Google as a sex trafficker.

19 posted on 08/28/2022 11:08:13 AM PDT by BipolarBob (Vote NOW!! to repeal the Second Law of Thermodynamics like your life depends on it.)
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To: Jim W N

Nicely written, thank you


20 posted on 08/28/2022 12:14:20 PM PDT by Weirdad (Orthodox Americanism: It's what's good for the world! (Not communofascism!))
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