What methinks is needed is for HUNDREDS of similar (identical?) simple cases to be filed and pushed. If someone with legal skill & motivation produced a how-to guide that could be affordably pursued (a well-informed motivated individual need not use a lawyer or spend much money), many many people could start driving enough cases that differing rulings MUST be addressed by SCOTUS. If one or some case(s) falters, fails, refused, mis-ruled, or otherwise doesn't work, little is lost and in turn becomes fodder for appeals and resolution of varying rulings in numerous jurisdictions.
Build an "I Want My M4" case. Base it on:
- RKBA / 2nd Amend.
- The Militia Act of 1792 (all able-bodied citizens must arm themselves; most direct indication of RKBA intentions of Founding Fathers)
- US vs. Miller (arms are legal if have militia use)
- US v. Rock Island Armory (declared NFA tax on MGs null-and-void due to 922(o) MG prohibition)
- Sonzinsky v. United States (NFA could only work as a tax measure; prohibition prohibited)
Such a case could be succinctly worded, widely distributed, scenarios suggested, and efficiently filed. With enough upstanding pursuants, it would be unavoidable. Saturate the system; let it filter up to SCOTUS for a ruling. Repeat process with appropriate followup.
One case at a time, either expensively filed or riding on a scum, is a losing proposition. None of us can afford a $250,000 case ... but we can all afford $250 base filing fees. A thousand - or 100,000 - claimants demanding rights WILL be heard as never before.
I like your idea CT..
-- And thanks to all the rest of you for your reasoned replies..
Now lets see if we can get some 'reason' on the issue from some of FR's "States Rightist's", those who believe that CA/MASS/etc. have the Constitutional power to prohibit so called "assault weapons"..