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Posted: 8/18/2005 11:22:06 AM EDT
A business contact of mine and I got on the subject of the rkba. He asked why hadn't the NRA or anyone else sued Ca. or any of the others for violating the peoples 2nd ammendment rights. He pointed out that if some state decided women could no longer vote there would be a huge shitstorm, so why not on the rkba?
I dunno was my answer.  Anybody? |
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Posted: 8/18/2005 11:24:40 AM EDT
[#1]
For any lawyers out there I would ask whether the NRA would have standing to file such a suit.
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Posted: 8/18/2005 11:25:40 AM EDT
[#2]
The NRA wants to make sure they have an unbeatable case.
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Posted: 8/18/2005 11:26:46 AM EDT
[#3]
Something like that will only go to SCOTUS once. We lose, we lose BIG.
Gotta pick your battles. You don't want the Supremes ruling on 2A unless it's a lockdown win. |
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Posted: 8/18/2005 11:28:08 AM EDT
[#4]
I'm fairly sure that the California laws have been challenged in court. It may be that the appeals courts simply refused to hear the appeals.
Hoping a CA lawyer can clarify for us... |
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Posted: 8/18/2005 11:28:47 AM EDT
[#5]
www.ar15.com/forums/topic.html?b=1&f=5&t=376633
becuase the 2nd admendment only keeps the US gov from taking your guns not the Cali goverment Califronia has nothing even close to right to keep and bear arms |
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Posted: 8/18/2005 11:34:31 AM EDT
[#6]
State law cannot override federal. Federal law (2nd ammendment) says you cannot write laws that infringe RKBA... |
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Posted: 8/18/2005 11:35:40 AM EDT
[#7]
Yes we do...we're allowed to look at pictures of other peoples' firearms on the internet. 
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Posted: 8/18/2005 11:38:31 AM EDT
[#8]
Bingo. With a court that gave us Kelo, I sure as hell don't want them ruling on the 2nd. |
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Posted: 8/18/2005 11:45:23 AM EDT
[#9]
That was what I was thinking at first, but the 14th Amendment applied the Bill of Rights to the States (I think I remember that right). We'll have to keep thinking on this one. R. |
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Posted: 8/18/2005 12:00:39 PM EDT
[#10]
The NRA refused to get behind it, but take a look at the Silveira v. Lockyer case from a couple of years ago. Several guys got together to challenge the Kali AW ban on 2A grounds. The 9th Circus Court of Appeals ruled that the 2A is a state right, not an individual right. Supremes (of course) declined to take the case because it would have either been a slam dunk in our favor, or cause for the revolution to begin. They didn't like either option, so they just opted out.
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Posted: 8/18/2005 12:06:30 PM EDT
[#11]
What would be the goal of the lawsuit? Have all CA guns laws removed, period? Go for cash taken from the legislators own pockets?
Taking money from the state would just hurt people already in poor finacial status. So are the laws the targets or the anti gun politicians? |
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Posted: 8/18/2005 12:11:00 PM EDT
[#12]
A challenge would likely be a criminal case and would result in striking down one or more California laws. Might be some money damages but not the focus. |
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Posted: 8/18/2005 12:13:42 PM EDT
[#13]
All the while, the water gets hotter, and the hogs get more hungry. |
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