Quote:
What will be interesting will be to see what the Ninth Circuit will do with it. If they want to overturn this, they're going to have to work at it.
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What the 9th does at times is grant a stay and vacate the ruling . This stops other courts from using it as precedent and allows them to ignore it later . I fully expect the 9th to do something similar here .
Another part of the ruling I like is how the judge points out that "maybe" the AWB of 1989 and subsequent amendments up until the 2008 Heller decision and 2010 MacDonald ruling " may" have been lawful . However any new laws after 2008 need to pass the new standard of those two cases . You can't just simply keep amending a law that was past years before the Heller and McDonald cases without applying there precedent to them .
He also points out that there does not appear to be anything in those previous AWB"s that even remotely address self defense and the right there of . All those laws appear to be directed at criminals having these firearms . Now that Heller and McDonald have clearly established the right to own a firearm for ones individual defense . That now must be considered in evaluating an AWB especially if the firearms in question are in common use today .
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If Jesus had a gun , he'd probably still be alive !
I almost always write my posts regardless of content in a jovial manor and intent . If that's not how you took it , please try again .