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A busy 2A week!
The Fifth Circuit strikes down the federal ban on gun possession by marihuana users. The closest framing-period analog to smoking pot would have been getting drunk, and while early Americans had a rich history of getting drunk, and of arms possession, they had no legal restrictions on doing both simultaneously.
The U.S. District Court for Colorado granted a temporary injunction against enforcing that state's new ban on firearm sales to 18-to-21 year olds.
The Illinois Supreme Court sustained that state's new gun restrictions 4-3. Strangely, the restrictions weren't challenged on a 2A basis.
The Florida Court of Appeals upheld the state ban on felons-in-possession, as applied to a repeat violent offender.
The U.S. District Court for Hawaii granted a temporary restraining order enjoining enforcement of much of that state's new gun restrictions.
One heck of a week! And one that would have been utterly unforeseeable only a few years ago.
6 Comments | Leave a comment
"inalienable" vs police power.
Colorado: "On the likelihood of success on the merits prong, the Governor argues that, because Bruen is silent on who carries the burden of establishing that the proposed conduct falls within the plain text of the statute, the Individual Plaintiffs should bear the burden."
That doesn't sound right. I thought the burden falls on the Government to prove whether the conduct is squarely covered by the Second, and not just the burden to show that the law in question is consistent with 1789 text, history, and tradition.
I am not a lawyer.
You are correct, but the .gov does not like it so they lie all they can to give any liberal judge cover for ignoring Bruen & Heller. Same goes for the "common use test" morphing into the "common use for self defense and that has to be proven by the plaintiffs" test.
Just like all of the politicians that say "The constitution doesn't say we can't do that".
They never read the tenth amendment, which sets a hierarchy of rights of the people over powers granted to government. The Bill of Rights was passed as an interlocking package.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, OR to the people."
What needs to be taught is that the Constitution is a whitelist NOT a blacklist. If we were to make the Constitution a blacklist we would need to denude the planet of trees to get enough paper. Everything NOT delegated is withheld and that delegation MUST be in writing. There are no penumbras, no emanations, no implications in the Constitution.
Well, since it was in State court it relied on IL Constitution Article 22. This was enacted in the 1970 convention by none of the Little Ritchie Daley.
Article 22 is short and sweet.
"Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."
The first phrase is almost pointless as all rights are subject to the police power. The question is to what degree may the state's police power infringe the right.