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sl8

(16,245 posts)
Sun Feb 19, 2023, 06:54 AM Feb 2023

Turmoil in courts on gun laws in wake of justices' ruling

https://apnews.com/article/politics-mississippi-state-government-delaware-california-massachusetts-3983cecfd1107c263d5309ec0d80a966

Turmoil in courts on gun laws in wake of justices’ ruling

By ALANNA DURKIN RICHER and LINDSAY WHITEHURST
yesterday

WASHINGTON (AP) — A landmark U.S. Supreme Court decision on the Second Amendment is upending gun laws across the country, dividing judges and sowing confusion over what firearm restrictions can remain on the books.

The high court’s ruling that set new standards for evaluating gun laws left open many questions, experts say, resulting in an increasing number of conflicting decisions as lower court judges struggle to figure out how to apply it.

The Supreme Court’s so-called Bruen decision changed the test that lower courts had long used for evaluating challenges to firearm restrictions. Judges should no longer consider whether the law serves public interests like enhancing public safety, the justices said.

Under the Supreme Court’s new test, the government that wants to uphold a gun restriction must look back into history to show it is consistent with the country’s “historical tradition of firearm regulation.”

[...]

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Turmoil in courts on gun laws in wake of justices' ruling (Original Post) sl8 Feb 2023 OP
"Turmoil in courts" J_William_Ryan Feb 2023 #1
Historic tradition of Gun regulation began with old West town sheriffs banning them! Entirely! Alexander Of Assyria Feb 2023 #2
May as well follow up with banning drugs and alcohol. yagotme Feb 2023 #4
Yet another phony "gun control banning all guns" misreprentation n/t f_townsend Feb 2023 #6
Gunners have killed logic, it's sad and amusing. Alexander Of Assyria Feb 2023 #8
Not sure if you read post #2 completely. yagotme Feb 2023 #10
Like your idea "Seems obvious: follow that tradition! " KS Toronado Feb 2023 #7
The interpretation of the 2nd Ammendment should evolve at least as fast as 70sEraVet Feb 2023 #3
This article might be of interest to some melm00se Feb 2023 #5
It's pretty clear from the SCOTUS decision The Mouth Feb 2023 #9
Where, in any SCOTUS ruling f_townsend Mar 2023 #11
Welcome back. MarineCombatEngineer Mar 2023 #12
I just recently joined, but thank you n/t f_townsend Mar 2023 #13
Welcome to DU! yagotme Mar 2023 #14

J_William_Ryan

(2,134 posts)
1. "Turmoil in courts"
Sun Feb 19, 2023, 07:13 AM
Feb 2023

Which was Thomas’ intent.

Unhappy with the slow pace of the evolution of Second Amendment jurisprudence, the ‘historical tradition’ test is designed to cause conflict and dissent among the lower courts and eventually the appellate courts.

The appellate courts in disagreement all but guarantees a case makes it before the Supreme Court, state assault weapon bans and magazine capacity restrictions in particular, where they’ll be struck down.

 

Alexander Of Assyria

(7,839 posts)
2. Historic tradition of Gun regulation began with old West town sheriffs banning them! Entirely!
Sun Feb 19, 2023, 08:30 AM
Feb 2023

Seems obvious: follow that tradition!

70sEraVet

(4,145 posts)
3. The interpretation of the 2nd Ammendment should evolve at least as fast as
Sun Feb 19, 2023, 09:49 AM
Feb 2023

the killing capacity of the guns have evolved.

melm00se

(5,053 posts)
5. This article might be of interest to some
Wed Feb 22, 2023, 02:58 PM
Feb 2023
https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?article=3523&context=faculty_scholarship

"An historical approach to constitutional interpretation draws upon original intentions or
understandings of the meaning or application of a constitutional provision. Comparing
the ways in which courts in different jurisdictions use history is a complex exercise. In
recent years, academic and judicial discussion of “originalism” has obscured both the
global prevalence of resorting to historical materials as an interpretive resource and the
impressive diversity of approaches courts may take to deploying those materials."

The Mouth

(3,285 posts)
9. It's pretty clear from the SCOTUS decision
Sat Feb 25, 2023, 03:27 PM
Feb 2023

Any state, county, or city *must* have an explicit and legitimate reason to deny any particular individual a license.

"We don't issue without a good reason" doesn't work anymore.

No more 'only ex-cops and buddies of the sheriff, and celebs'.

If you aren't a felon, and there is no restraining order on you, any prohibition - or unreasonable cost- is unconstitutional.

The states and cities can try to get around this, but all they are going to do is waste taxpayer's money.


You can't charge someone to exercise a Constitutional right. Making it harder to get a permit than it is to vote is going to result in a losing lawsuit, every time.

 

f_townsend

(260 posts)
11. Where, in any SCOTUS ruling
Sat Mar 4, 2023, 12:09 PM
Mar 2023

has it been deemed "unconstitutional" to deny a handgun permit for reasons other than being a felon or having a restraining order?

There has been no such SCOTUS ruling. The public has a right not to fear being shot to death in a store or a parking lot by a randomly-encountered angry/stupid person who is exercising a newly-fabricated "right" to own and carry a handgun in public. And the states have the right -- and the responsibility -- to protect state residents from said psychos.

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