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Old June 5, 2021, 03:45 PM   #11
Metal god
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Join Date: April 10, 2012
Location: San Diego CA
Posts: 6,875
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.
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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