Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Surf Fishing Guru

(115 posts)
14. I consider this stay a concession . . .
Tue Dec 28, 2021, 02:50 PM
Dec 2021

Last edited Tue Dec 28, 2021, 03:24 PM - Edit history (1)

I consider this unopposed stay a concession that the en banc decision in Duncan v Bonta is in error -- along with the 9th's abeyance of Miller v Bonta on Rupp v Bonta on SCOTUS deciding NYSRPA (those pertain to CA's assault weapon ban).

I think the realization has set in that ALL these Circuit decisions sustaining AW bans* and LCM bans will be abrogated by SCOTUS when NYSRPA comes down.

The two step interest balancing inquiry invented and used by these lower courts was discussed in NYSRPA with disdain and in fact, has already been rejected by SCOTUS in Heller.

These Circuits had a good ride ignoring SCOTUS but it's over; thank goodness this episode is only going to last 14 years and not 66 years like the various "collective right" perversions lingered.

*Except for the 4th's Kolbe v Hogan, sustaining MD's AW ban, that "M-16's and the like" kookyness will require a different path.

I've never really understood the logic of banning standard capacity magazines. PTWB Dec 2021 #1
The problem with your reasoning is that it comes down to AndyS Dec 2021 #4
"Arms" bucolic_frolic Dec 2021 #2
Are you saying that the 2nd amendment shouldn't cover modern arms? PTWB Dec 2021 #3
See? You're interpreting every bit as much as the courts must /nt bucolic_frolic Dec 2021 #5
I was asking what you were trying to say. PTWB Dec 2021 #6
The authors listed freedom of speech, but didn't foresee computers, yagotme Dec 2021 #7
The Internet isn't mentioned in the Constitution, either. PTWB Dec 2021 #8
Shoulder fired rocket launchers and suicide bombers with backpacks are also bearing arms bucolic_frolic Dec 2021 #9
And you can't falsely shout fire in a crowded movie theater. PTWB Dec 2021 #10
Thank you for phrasing that correctly. Dial H For Hero Dec 2021 #11
You're welcome. PTWB Dec 2021 #12
It's sad, though, that this verbiage came out of a terrible decision The Mouth Dec 2021 #16
A shoulder launched rocket would be fun to have/shoot, yagotme Jan 2022 #18
Responding here to the Founders intent. discntnt_irny_srcsm Dec 2021 #13
Compliment and comment . . . Surf Fishing Guru Dec 2021 #15
Thanks discntnt_irny_srcsm Dec 2021 #17
I consider this stay a concession . . . Surf Fishing Guru Dec 2021 #14
Vacated and sent back to the courts The Mouth Jul 2022 #19
Latest Discussions»Issue Forums»Gun Control & RKBA»(California) Large-capaci...»Reply #14