View Single Post
Old July 9, 2009, 11:34 PM   #35
BillCA
Senior Member
 
Join Date: November 28, 2004
Location: Silicon Valley, Ca
Posts: 7,117
Dewhitewolf,

I'm glad you don't agree that a 1-gun-a-month scheme would be legal. Because it isn't.

Quote:
My state has just passed the one-gun-per-month law, to go into effect in January. At least three other states have such a law in place already, and none of the federal courts, including the Supreme Court, have found it to be constitutionally void.
That is because no one has yet filed a challenge to these schemes in a post-Heller environment. Once the RKBA is incorporated against the states, these laws will fall. In fact, a challenge could be coming in a western state within the 9th Circuit - which has already incorporated.

Quote:
Back in the late '90's, NJ gun rights groups tried to challenge NJ's assault weapons ban to the Supreme Court. Our case was rejected. I believe the same will happen if we try to challenge one gun per month laws to the Supreme Court.
There is a challenge to California's AW ban forming as we speak. Once again, what happened in a pre-Heller court does not necessarily apply in a post-Heller world.

Constitutional rights cannot be legislated away nor restricted by legislation alone. To lose or restrict any of your rights, you must first have due process before a court.

Legislating that you can only attend a place of worship once-a-month is prior restraint on a fundamental right. It is the same with the 2A right.
__________________
BillCA in CA (Unfortunately)
BillCA is offline  
 
Page generated in 0.02306 seconds with 8 queries