National Judge's ruling: Gov MUST prove gun laws align with historical tradition (of the year 1791), otherwise it is unconstitutional

[ilikegunspdx]

These are the some of the first interpretations of gun laws under the new Bruen legal landscape (Bonta and others will also be enlightening I think as was the Vanderstok 80% receivers ruling). This one is the US district court in Texas regarding the right to purchase a firearm when under indictment of a felony (Gomez).

The judge said Gov must prove gun law meets historical tradition otherwise it's unconstitutional. I do think most gun laws can be dismantled this way piece by piece. If historical tradition means the laws that existed in 1791, most gun laws on the books will not meet that criteria I would think. Interesting times we live in.

Here is the conclusion:


Here is the full text of the judges ruling:

https://www.courthousenews.com/wp-content/uploads/2022/09/422cv104.pdf

Note that the gov did not make any arguments as to how it met historical tradition prior to 1938, therefore the judge did it himself. Critically he used 1791, when the second amendment was adopted, as the date.


This is huge because if the laws and tradition of 1791 becomes the standard by which federal judges Evaluate gun laws, guess what, most of those laws are going down!

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[ma96782]

Aloha, Mark

 

[Ura-Ki]

The real issue will be breaking the Antis of their anti bullsh!t, including the states A.G's and Gov'ners!
Right now, the DOJ is the ONLY power to make any of this stick with any force, and they are bent to the will of Brandon, so, until that changes, not much will really change!

 

[ilikegunspdx]

The real issue will be breaking the Antis of their anti bullsh!t, including the states A.G's and Gov'ners!
Right now, the DOJ is the ONLY power to make any of this stick with any force, and they are bent to the will of Brandon, so, until that changes, not much will really change!

Ultimately unconstitutional gun laws (as defined by the judicial branch) can't be enforced by the executive branch (the attorney general and Brandon's band of anti-gun ninnies). How the change all plays out in the future I don't know, other than it's likely to be done one lawsuit at a time I think.

For the next few years (or maybe 10 years?) I'm guessing it's going to be one surprising lawsuit after another as existing and new laws are challenged in the context of Bruen. It should make the "hear the latest news" YouTube video guys happy though. So there's that, ha ha.

 

[po18guy]

... if the laws and tradition of 1791 becomes the standard by which federal judges Evaluate gun laws, guess what, most of those laws are going down!

Along with crime rates.

 

[Yarome]

It will certainly take some time, but it's definatly progress and Bruen gave us a very potent tool to help restore our rights. At the moment, all the anti's are still in the kicking and screaming tantrum stage after Bruen. Some of the more recent la-la land laws trying to side step Bruen are more just hysterics and won't stand under any scrutiny.

It's a shame so much time, effort and money will be wasted on their BS, but "they woke". Karenism has taken root.