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Setback from Fed Appeals Court

Discussion in 'Legal & Political Archive' started by mkwerx, Oct 19, 2015.

  1. mkwerx

    mkwerx Forest Grove, OR Well-Known Member

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  2. Diamondback

    Diamondback A cold, wet green Hell Well-Known Member

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    Scary thought, our gun rights hanging on which side of the bed Anthony Kennedy wakes up on, isn't it?
     
  3. Caveman Jim

    Caveman Jim West of Oly Springer Slayer 2016 Volunteer

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    Well there ya go, even educated people can become IDIOTS when an agenda so large as gun control (people control) gets pushed with power and money!!!! Judges bought and paid for!!!!!!:mad::mad::mad:
     
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  4. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    I seem to recall precedent being set by the SCOTUS (way back in the 30's or so) during an NFA case against a guy (can't remember the case name) where the guy was convicted of having an illegal SBS because the court rejected his 2A argument that SBS were not in "common use" by the military....


    C'mon you legal-beagles... WORK IT! o_O
     
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  5. Diamondback

    Diamondback A cold, wet green Hell Well-Known Member

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    My bet is SCOTUS won't take a 2A case unless Roberts can build a majority for whatever side he decides he wants to win--some think part of why he's screwed us on BamsterCare both times is that he figured he could blunt the damage by siding with the liberal wing and writing the opinion himself to limit it, rather than letting some flaming pinko sh*t like Ginsburg, Kagan or Sotomayor have the chance to go whole-hog finding single-payer to be a "Constitutional right".
     
  6. Outrider

    Outrider Oregon Active Member

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    The Miller case was a little more complicated than that.

    Miller was a criminal who challenged his charges under the N.F.A. The District Court judge ruled the N.F.A. violated the Second Amendment but provided no rationale. People feel the judge wanted the issue to go up to the Supreme Court where the act would be upheld because he believed Miller would not be available to argue his side of the case.

    The judge knew Miller was testifying against his buddies and was not going to have the cash to fight a case at the Supreme Court. -Miller went into hiding. His lawyers didn't show up to argue the case and they submitted no brief. Miller was killed before the Supreme Court ruled so there were no further proceedings when they remanded the case to the district court.

    Essentially the court ruled that short barreled shotguns were not suitable for militia or military use and therefore not protected by the Second Amendment. Without anyone arguing Miller's side, it is believed that the court was largely unaware of the use of shotguns within a military context, i.e. clearing trenches in WWI and for guarding areas in the rear. Only two of the justices had military service and neither were infantry.

    Both sides of the gun control argument try to spin the case to back their political views.

    From the pro-gun point of view, if the problem with a short barrel shotgun is that it is not suitable for military / militia use, then that means military grade firearms are protected.

    From the anti-gun point of view, the government can decide what arms are protected and what are banned. In theory, this means the government could limit firearm selection down to just one make and model of firearm. And until fairly recently, Miller was often cited when the courts upheld challenges to federal gun regulations even though the case had serious procedural problems.
     
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  7. hker71

    hker71 Portland Metro Area Active Member

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    Nothing like a bunch of idiots in robes who are supposed to be unbiased ruling our live based on political party rhetoric.:mad:
     
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  8. Diamondback

    Diamondback A cold, wet green Hell Well-Known Member

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    Given that Congress controls the size of the Court... who goes if Congress manages to pass and get signed legislation cutting it from nine Injustices to seven?
     
  9. Slobray

    Slobray Yelm, WA Well-Known Member

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    The current SCOTUS will ignore this case as they do all other 2A cases. The only way they might hear a 2A case is if there's a circuit split, where they pretty much have to take it, eventually.


    Ray
     
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  10. Diamondback

    Diamondback A cold, wet green Hell Well-Known Member

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    Unless we know Kennedy's with us, isn't preventing the four Leftofascist Douches from gutting 2A without any remaining avenue of appeal important too? So maybe them not taking 2A cases is just buying us time to strengthen our position and lean on Kennedy...
     
  11. Brutus57

    Brutus57 Skagit County Well-Known Member

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    OK, I am for one gun only if they go that way... The SIG 5.56 like the SWISS Army reserves all have in their homes..... jes sayin'.

    Brutus Out
     
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  12. Oathkeeper1775

    Oathkeeper1775 Coast Range Well-Known Member

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    Disheartening how a judge's political ideology OVER RULES the written letter of the law.

    Following the written letter of the law, is the opposition.

    At no level or in any branch of the government, can the institutions be trusted to blindly-follow the law any more; they have waved their integrity, lost the moral-standing, and traded the trust for worldly rewards.
     
  13. Dave Workman

    Dave Workman Western Washington Bronze Supporter Bronze Supporter

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    Well, maybe.....

    ‘Common use’ black rifles: Why 2nd Circuit ruling may not be so hot for antis

    Yesterday’s ruling by the Second U.S. Circuit Court of Appeals upholding most of the gun control laws passed in New York and Connecticut after the Newtown tragedy may not be getting the rave reviews one might expect because of a couple of key tenets of Circuit Judge Jose A. Cabranes’ decision.

    http://www.examiner.com/article/com...nd-circuit-ruling-may-not-be-so-hot-for-antis
     
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  14. Caveman Jim

    Caveman Jim West of Oly Springer Slayer 2016 Volunteer

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    Maybe one of these days these asshats will get a clue that criminals and crazies don't abide laws!!!
     
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  15. Pogue_Mahone

    Pogue_Mahone Eugene, OR Active Member

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