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Old 07-08-2022, 06:19   #1561
JJ_BPK
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I'm very interested in how the courts, states, & congress will accept SCOTUS's ruling on "bureaucratic over-reach" as it pertains to ATF's Monstrosity??

Congress has shirked its duties for too long. Letting, No Encouraging sub-level bureaucrat minions rule the nation with little fear of the results.

https://www.supremecourt.gov/opinion...-1530_n758.pdf

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July 04, 2022
EDITORIAL: Supreme Court got it right on EPA overreach

We applaud the U.S. Supreme Court’s ruling that curbs the Environmental Protection Agency’s ability to put in place regulations on power plants over and above what Congress enacts as law.

For far too long, some regulatory agencies have gone to extremes to exert their authority, and the high court’s ruling is a necessary step to rein in unelected government officials who never have to answer to the public for their decisions.

This is not to say that some of the EPA guidelines are right or wrong. But if the agency believes more regulations and restrictions are needed, it can make the case with Congress, which can then make the decision — and also answer to those who elect lawmakers.

“This ruling in favor of West Virginia will stop unelected bureaucrats in Washington, D.C., from being able to unilaterally decarbonize our economy just because they feel like it,” Gov. Jim Justice said. “Instead, members of Congress who have been duly elected to represent the will of the people across all of America will be allowed to have a rightful say when it comes to balancing our desire for a clean environment with our need for energy and the security it provides us.”


https://www.capito.senate.gov/news/i...-epa-overreach
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Old 07-08-2022, 15:58   #1562
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Originally Posted by Badger52 View Post
Well... let's see what happens. ("Autokeycard" case)



LINK to Full Story
Here’s the supplement to the motion to dismiss:

https://s3.documentcloud.org/documen...miss070122.pdf
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Old 07-08-2022, 17:47   #1563
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This line from the filing (I’m only about half way through reading it) really stands out…..

“the Government must prove the particular regime in question is consistent with the history and tradition of the United States. Id at *15. Furthermore, the question of whether a weapon is “in common use at the time,” necessarily pins the analysis to the time before the prohibition. To consider otherwise would incentivize the Government to legislate wantonly and aggressively, seizing arms, then later evade constitutional scrutiny by suggesting that the arms cannot be in common use, because the Government prohibited them. Such circular logic would be inconsistent with any fundamental rights jurisprudence”
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Old 07-08-2022, 19:43   #1564
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Here’s the supplement to the motion to dismiss:

https://s3.documentcloud.org/documen...miss070122.pdf
Thanks for that pdf link.

bubba, you and I can read stuff like that and say, "well... yeah, of course."
But this is going to be a slog, although going after the NFA is the right thing. Told a friend after that raucous week of decisions that the NY decision as well as the downstream effects of the EPA decision were going to be epic. Wasn't sure it would be this soon.
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Old 07-08-2022, 21:19   #1565
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If it gets dismissed and the NFA is left alone, the ATF is unlikely to appeal.
If the NFA is ruled unconstitutional, that will almost certainly go to the 11th Circuit.

The balance of judges there looks favorable.
https://en.wikipedia.org/wiki/United...eventh_Circuit
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Old 07-09-2022, 17:51   #1566
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Here’s the supplement to the motion to dismiss:

https://s3.documentcloud.org/documen...miss070122.pdf
GS,

Thank you for the supplement to dismiss and to declare unconstitutional the 1934 NFA. Good reading, as it is short and concise.

I now have high hopes that the “act” will soon be history, and have a clear vision of the Anti-2nd crowd’s heads exploding.

SnT
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Old 07-09-2022, 19:09   #1567
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GS,

Thank you for the supplement to dismiss and to declare unconstitutional the 1934 NFA. Good reading, as it is short and concise.

I now have high hopes that the “act” will soon be history, and have a clear vision of the Anti-2nd crowd’s heads exploding.

SnT
I'm all for being able to walk in and buy a can or a lower with the extra hole without the hassle and $200. Or throw an 11" upper on a lower with a stock without worry. As for heads exploding, unfortunately heads exploding is like horse play in that sooner or later it will lead to a blood letting of sorts.
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Old 07-10-2022, 09:58   #1568
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The big weakness in the NFA is Murdock v. Pennsylvania.

The syllabus:
https://supreme.justia.com/cases/federal/us/319/105/
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Old 07-10-2022, 12:31   #1569
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The big weakness in the NFA is Murdock v. Pennsylvania.

The syllabus:
https://supreme.justia.com/cases/federal/us/319/105/
Agreed. Had that puppy in my backpocket for sometime. The pushback "but..." was before a SCOTUS decision has affirmed that the 2nd is not a second-class amendment.
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Old 07-13-2022, 10:44   #1570
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Some back-story on Second Amendment

Many on the other side of this issue, especially nowadays, will call judges activist when an opinion doesn't come out how they like. But they want that activism when they screech "But we can't know what the Founders were thinking when they wrote that amendment!" Except that, yes Virginia, we can.

Grabbed from a reddit post and hosted at The Captain's Journal, here are some extracts from the contemporary writings of those men regarding their views - at the time & going forward - on the need of the citizen to be armed:

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“No free man shall ever be debarred the use of arms.” – Thomas Jefferson, Virginia Constitution, Draft 1, 1776

“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms.” – Samuel Adams, Massachusetts Ratifying Convention, 1788

“As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.” – Tench Coxe, Philadelphia Federal Gazette, June 18, 1789

“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.” – Thomas Jefferson, letter to James Madison, December 20, 1787

“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined…. The great object is that every man be armed. Everyone who is able might have a gun.” – Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778

“The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes…. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” – Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776

“A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks.” – Thomas Jefferson, letter to Peter Carr, August 19, 1785.

“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.” – Thomas Jefferson, letter to to John Cartwright, 5 June 1824

“I enclose you a list of the killed, wounded, and captives of the enemy from the commencement of hostilities at Lexington in April, 1775, until November, 1777, since which there has been no event of any consequence … I think that upon the whole it has been about one half the number lost by them, in some instances more, but in others less. This difference is ascribed to our superiority in taking aim when we fire; every soldier in our army having been intimate with his gun from his infancy.” – Thomas Jefferson, letter to Giovanni Fabbroni, June 8, 1778

“To disarm the people…is the most effectual way to enslave them.” – George Mason, referencing advice given to the British Parliament by Pennsylvania governor Sir William Keith, The Debates in the Several State Conventions on the Adooption of the Federal Constitution, June 14, 1788

“I ask who are the militia? They consist now of the whole people, except a few public officers.” – George Mason, Address to the Virginia Ratifying Convention, June 4, 1788

“Before a standing army can rule, the people must be disarmed, as they are in almost every country in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops.” – Noah Webster, An Examination of the Leading Principles of the Federal Constitution, October 10, 1787.

“A militia when properly formed are in fact the people themselves…and include, according to the past and general usuage of the states, all men capable of bearing arms… “To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them.” – Richard Henry Lee, Federal Farmer No. 18, January 25, 1788

“This may be considered as the true palladium of liberty…. The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” – St. George Tucker, Blackstone’s Commentaries on the Laws of England, 1803.

------------------
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Old 07-18-2022, 15:57   #1571
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Missouri AG tells the FBI to pound sand.

https://ago.mo.gov/docs/default-sour...vrsn=5fbbdf7_2
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Old 07-18-2022, 16:26   #1572
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Missouri AG tells the FBI to pound sand.

https://ago.mo.gov/docs/default-sour...vrsn=5fbbdf7_2
Four Words: “Shall NOT be INFRINGED!”

FUCK-Yeah!
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Old 07-18-2022, 17:28   #1573
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Missouri AG tells the FBI to pound sand.

Has this hit the street, does FOXNEWS know??
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Old 07-18-2022, 19:05   #1574
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There have been various news reports coming out about this incident, but this one has a little more detail.

https://youtu.be/NQXOHsHkJV4

<edit>

I realize this is more a case of current news, but it has significant Second Amendment implications.

Here is the police press conference:
https://youtu.be/REhMnc4CHbs
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Old 07-19-2022, 00:29   #1575
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AG Schmitt has performed his job well for the state of Missouri, he has now set his sights on Roy Blunts US Senate seat. AG Schmitt is one in a field of twelve candidates the includes Eric Greitens and Marc McCloskey that is vying for Blunt's Senate seat.

https://themissouritimes.com/missour...y-blunts-seat/
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