Want to have AR in Naperville Illinois ? This court says no

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davidmcbeth3
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Post by davidmcbeth3 » Mon. Feb. 20, 2023 4:25 pm

The court decision is attached. Looks like the court did a balancing test to me...something that is a no-no.

The standards is not "dangerous" either; the court used this as a reason for not granting the TRO noting all the mayhem resulting from guns in the decision. The standard is "dangerous and unusual". Not just dangerous. ARs are not unusual guns and neither are magazines unusual.

And not "common" either. New gun designs are made every day. They too would be covered under 2nd amendment. They would not be "common", being new guns. If a gun is in common use then it certainly falls into the protections of the 2nd amendment but if not it does not automatically make the gun outside of 2nd amendment protection.

If you want to go hunting in Naperville, IL ... keep up with this case's expected continued litigation.

 
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Post by Paper » Sat. Feb. 25, 2023 9:38 am

Just another reason people are escaping IL. When you drive out the law abiding people, you're left with Chicago and East St. Louis throughout the entire state. I look forward to the day it implodes on itself. Hell hole..

 
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Post by davidmcbeth3 » Sat. Feb. 25, 2023 2:10 pm

There are a handful of cases in the pipes now in federal courts. One is Koons v. Platkin (formerly known as Koons v. Reynolds (an amended complaint changed the name). A court decision in that case is attached.

See page 17 for the correct test a court should perform...historical test after the 2nd amendment is shown to be at play. This court decision is the clearest most concise as to the "test" of a statute to its constitutionality under the 2nd amendment.

It was the method stated in Heller I in 2008 but that decision was poorly written (I said in 2008 "they messed this up, now we have to wait another 70 years ?"). Even the Bruen decision has its own goofiness that I am dealing with today. My current issue being brought up a motion to a pending case deals with the prohibition of firearms in a place by the state and 4th amendment searches and state constitutional issues and other fun stuff.

So the test is for a new law regulating firearms the question becomes: were there similar laws in the late 1700s ? If not, then they cannot pass such law today.

 
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Post by Sunny Boy » Sat. Feb. 25, 2023 2:57 pm

Some states, like NY and California, have tried to circumvent "the Bruen decision", but it's starting to backfire (pun intended) on them. A few judges have quickly blocked the attempted circumvention laws, and it is just the beginning of lower courts acting in support of lawsuits to force compliance with the SCOTUS Bruen decision, which may bring it back to SCOTUS.

And recently,....


Plus, South Carolina house just passed constitutional carry. Now, if signed by the governor that will make it the 25th state to have some form of permit-less carry, with other states also working toward that.

https://www.thecentersquare.com/south_carolina/ar ... 745c5.html

The anti-gun mob are making a lot of noise in the news but in reality, they are steadily losing ground and in panic-mode.

Paul


 
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Post by davidmcbeth3 » Sat. Feb. 25, 2023 4:11 pm

Sunny Boy wrote:
Sat. Feb. 25, 2023 2:57 pm


Plus, South Carolina house just passed constitutional carry.


Paul
One could open carry in the 1700s without a permit. One could not concealed carry in the 1700s.

So to carry, open, does not require a permission slip. Including handguns and long guns.

We'll see if the courts approve permit-less open carry. Even SCOTUS has not said so but that is the proper result under Bruen. SCOTUS still got many things wrong.

 
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Post by davidmcbeth3 » Sat. Feb. 25, 2023 4:24 pm

Sunny Boy wrote:
Sat. Feb. 25, 2023 2:57 pm
Some states, like NY and California, have tried to circumvent "the Bruen decision", but it's starting to backfire (pun intended) on them.

Paul
See Calf. Newsom almost crying over the expected gun laws being struck down...looks like a five year old.

Gonna be a fun show

 
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Post by Sunny Boy » Sat. Feb. 25, 2023 5:27 pm

davidmcbeth3 wrote:
Sat. Feb. 25, 2023 4:24 pm
See Calf. Newsom almost crying over the expected gun laws being struck down...looks like a five year old.

Gonna be a fun show
Same is happening with NY's governor, but thanks to all the Botox it doesn't show. :lol:

Paul

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