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Posted on 02/18/2023 8:08:25 AM PST by rellimpank
WASHINGTON (AP) — A landmark U.S. Supreme Court decision on the Second Amendment is upending gun laws across the country, dividing judges and sowing confusion over what firearm restrictions can remain on the books.
The high court’s ruling that set new standards for evaluating gun laws left open many questions, experts say, resulting in an increasing number of conflicting decisions as lower court judges struggle to figure out how to apply it.
The Supreme Court’s so-called Bruen decision changed the test that lower courts had long used for evaluating challenges to firearm restrictions. Judges should no longer consider whether the law serves public interests like enhancing public safety, the justices said.
Under the Supreme Court’s new test, the government that wants to uphold a gun restriction must look back into history to show it is consistent with the country’s “historical tradition of firearm regulation.”
Courts in recent months have declared unconstitutional federal laws designed to keep guns out of the hands of domestic abusers,felony defendants and people who use marijuana. Judges have shot down a federal ban on possessing guns with serial numbers removed and gun restrictions for young adults in Texas and have blocked the enforcement of Delaware’s ban on the possession of homemade “ghost guns.”
(Excerpt) Read more at apnews.com ...
The only people confused are those who want to ban/restrict guns.
............the right of the people to KEEP and BEAR Arms, shall not be infringed.
No infringement. Zero.
Stop nibbling around the edges.
Liberal tears....delicious
Just enforce the “shall not be infringed” part and you will be okay.
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Sowing confusion (haha) is better than the status quo. I’m waiting for some cases to move through Pennsylvania’s courts. PA’s “historical tradition” firearm regulations can be traced back to Pennsylvania’s constitution which states “The right to bear arms shall not be questioned.” PA’s gun laws a few and relatively new. The ones I hear about are medical marijuana card holders cannot carry concealed and then the concealed carry law itself. Open carry has always been legal here.
Here in Illinois the Legislature flat out defied SCOTUS. The ink wasn’t dry before the first injunctions were handed down.
L
Another aspect was that using what the local court was important vs Const rights was outlawed.
Basically, court activism was deemed a no-no. This is really gonna hurt across the board.
Two AP loons scream and screech.
the typical AP propaganda: “confusion”, “open questions”, etc. ...
the SCOTUS decision was actually pretty definitive, setting straightforward and very 2nd amendment protective standards that they ORDERED the lower courts to follow in making gun rights decisions ...
as a consequence, the lower courts were essentially hamstrung in making up BS excuses for approving infringing legislation ... courts all of the nation have been forced to overturn a tsunami of legislation passed by virtue-signaling by legislatures who know that their unconstitutional laws will be struck down ...
2A - The right to infringe shall not be limited. /s
[............the right of the people to KEEP and BEAR Arms, shall not be infringed.”
They have taken the painfully direct and simple and have muddied it beyond recognition with endless rulings.
The Constitutional text will suffice.
Much easier than spending hours reading rulings, rationale and judicial tests from far lesser men than our founders!
***Under the Supreme Court’s new test, the government that wants to uphold a gun restriction must look back into history to show it is consistent with the country’s “historical tradition of firearm regulation.” ***
Here you go! Gun regulation BEFORE and After the Civil War!
You really need to read the highly suppressed and out of print 1982 Senate report on the RKBA. I have a paper copy. Read it and you will see why it is highly suppressed today.
Here is an on line version.
https://guncite.com/journals/senrpt/senrpt.html
“The conclusion is thus inescapable that the history, concept, and wording of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner.”
19th century cases
16. * Wilson v. State, 33 Ark. 557, at 560, 34 Am. Rep. 52, at 54 (1878).
“If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the (p.17)penitentiary and gallows, and not by a general deprivation of constitutional privilege.”
17. * Jennings v. State, 5 Tex. Crim. App. 298, at 300-01 (1878).
“We believe that portion of the act which provides that, in case of conviction, the defendant shall forfeit to the county the weapon or weapons so found on or about his person is not within the scope of legislative authority. * * * One of his most sacred rights is that of having arms for his own defence and that of the State. This right is one of the surest safeguards of liberty and self-preservation.”
18. * Andrews v. State, 50 Tenn. 165, 8 Am. Rep. 8, at 17 (1871).
“The passage from Story (Joseph Story: Comments on the Constitution) shows clearly that this right was intended, as we have maintained in this opinion, and was guaranteed to and to be exercised and enjoyed by the citizen as such, and not by him as a soldier, or in defense solely of his political rights.”
19. * Nunn v. State, 1 Ga. (1 Kel.) 243, at 251 (1846).
“’The right of the people to bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State.”
And the SCOTUS case that led to the Civil War..
Are Negros citizens...Dred Scott
“It would give to persons of the negro race, who are recognized as citizens in any one state of the Union, the right to enter every other state, whenever they pleased.... and it would give them full liberty of speech in public and in private upon all subjects upon which its own citizens might meet; to hold public meetings upon political affairs, and to KEEP AND CARRY ARMS wherever they went.”
Paragraph 77 in the link below.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0060_0393_ZO.html
Then over 300 paragraphs to “prove” blacks were not citizens.
(Aim small miss small)
History,
Concept and
Wording.
.
This is Huge!
"So-called"? Not much contempt there. I see Ass Press is its customary objective self. Clearly their mindset is "We can't believe we aren't going to be able to pass any damn thing we want to keep the knuckle-dragging gun owners in line." Too bad.
Well put
The AssPress has always been communist.
Stupid people educated in the Woke cannot comprehend.
Bttt.
5.56mm
they stopped nibbling around the edges decades ago and are aiming for the heart of the Second Amendment.
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