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The court also claims the Fourteenth Amendment and Second Amendment do not apply... because.
My semi autos all fire without a magazine. I know some don’t. I wouldn’t want to be left helpless while in the middle of changing magazines in a dangerous situation.
I love the fact that the 10th Amendment was the basis of the opinion. It’s the linchpin to limiting the federal government to only what the Constitution says the government can do.
The big issue here is the 10th. PLCAA is a purposeful over-ride of state laws, expressly justified by the Commerce Clause. This is the precise reason the Commerce Clause exists, and it’s being used to protect the 2nd Amendment.
Appeals courts usually ALWAYS presume the facts of the case as found by the lower courts unless there’s a basis for finding them literally unreasonable or impaired.
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I can hear the leftists screaming. Here's the reality: there are more firearms in America than at any other time in our history. That's a good thing. Children can learn firearm safety. I started teaching my daughters fire arms safety when they were 7 and 8 years old. I started them with a semi-auto .22 pistol. With hearing protection it is barely audible, so no big boom to scare them. The trigger pull was light enough for a child to easily use. The goal was to have them safely plinking for fun while learning to respect firearms.
They were taught first how to pick up the weapon safely or receive it from someone else's hand safely. Then to point the weapon in a safe direction while checking to see if it was loaded - with and without a magazine. They learned to never trust the weapon's safety and to always treat the weapon as if it was loaded ... and so on. After about of month of periodic instruction they were allowed to fire the pistol, which they were anxious to do, because they saw how much fun that mommy and daddy had at the sportsmans club's range. Their first target was a print out of Big Bird from Sesame Street. (That's an entirely different story.) Safety lessons continued and they were introduced to a wide range of weapons with all sorts of actions so they knew how to handle just about any weapon.
Recently I heard a story about my one married daughter that made me a proud daddy. Shortly after my daughter met her boyfriend, now husband, she was over his parents house. Her now father-in-law had just built an AR-pistol and had asked her if she wanted to hold it - thinking she needed to get used to being around weapons. My daughter confidently handled the pistol, dropped the mag, opened the action, and inspected it for a chambered round, all the while with her finger to the side of the trigger guard. My son-in-laws family was floored by this and apparently said somethings that prompted my daughter to say, "do you want to see me field strip it?" My son-in-law instantly fell in love (well, it certainly helped the situation.) Moral of the story: Love and guns go together.
We own multiple XD series pistols. Every single one of them has an owners manual which clearly states that the gun WILL fire with the magazine removed.
Every single one.
L
Hasn’t the PLCAA already been upheld in federal courts?