The Second Amendment is no longer a “second class” Right:
“Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command,’” Thomas wrote.
Well, all kinds of gun control laws, State and Federal are falling by the wayside as the ramifications of Supreme Court Justice Thomas’ broad and originalist outlook on the Constitution have come into full view. NYSRPA vs. Bruen, where Thomas wrote the majority decision, with that bolded phrase above, put it into full relief. If a gun control law doesn’t align with any of those at the start of our nation (which is to say, hardly any at all), neither Congress nor State Legislatures can enact any.
Or in home rule states, no subdivision of a State like a town, city, or school board (among others) can add additional restrictions to what their States have enacted or will quickly see them whisked away in court. There will be plenty to write about as Democrat controlled States and areas, in knee-jerk reactions, are quickly trying to enact regulations and laws FAST in their obstinance in following this SC decision. They will get slapped down quickly.
This will include ALL of the gun bills that NH Democrats are now proposing (see the complete list of LSRs here) – those anti-gun bills are in there.
An example would be LSR 2023-0013. The prime sponsor is Democrat Marjorie Smith: “requiring a background check prior to any commercial firearm sale.” While only the working title is there, I’m betting this will require that ALL firearms sales must be run through a background check. Not just those from a licensed firearm store but also if I wanted to purchase one from my neighbor (who happens to be an LEO).
Make it more difficult and more expensive for transfers of private property between ordinary citizens, she wants. Note the assumption – we’re all criminals already. It’s not the GUN being regulated by the State – it’s US! Simply a revenge move by yet another Democrat that has a very low view of her “citizens.”
If the Dems regain the majority in the NH House and Senate, will their legislative leaders realize that passing them is a fool’s errand? Or will they pass them out of spite, saying, “hey, let’s virtue-signal, pass them anyways, and make citizens pay court and attorney fees to get them dismissed? After all, WE will not suffer from acting unconditionally”? After all:
NH State Rep. Sandra Keans (R, now D): “I don’t try to justify anything by the Constitution, it’s not my job and I don’t want to do it.”
A view that is held by many. But THIS I didn’t expect (reformatted, emphasis mine):
A judge has ruled that a federal law banning guns that have had their serial numbers removed is unconstitutional. The law at issue prohibits any person from transporting a gun with the serial number “altered, obliterated, or removed,” across state lines. It also prohibits them from possessing such a gun if it has ever been transported across state lines. Serial numbers were first required by the federal Gun Control Act of 1968 to allow guns to be traced. They were adopted in an effort to prevent illegal gun sales.
…Goodwin, a nominee of President Bill Clinton, found in his decision that the federal ban on guns with removed serial numbers is not consistent with the United States’ “historical tradition of firearm regulation.”
He noted that a firearm without a serial number was not considered more dangerous compared to other firearms in 1791, when the Second Amendment was adopted. At the time, “serial numbers were not required, or even in common use,” he said, adding that the serial numbers “arose only with the advent of the mass production of firearms,” putting it outside of the “historical tradition of firearm regulation.”
And was meant, at the time, to be able to trace back defects and repairs and not for legal purposes. Or, if you wish, to prevent illegal purposes. They were just a part of the manufacturing process like almost every other product you buy (e.g., model, serial number. Try fixing your fridge without that info).
And again, the emphasis
“Any modern regulation that does not comport with the historical understanding of the right is to be deemed unconstitutional, regardless of how desirable or important that regulation may be in our modern society,” Goodwin said in his decision.
“While I recognize there is an argument … that firearms with an obliterated serial number are likely to be used in violent crime and therefore a prohibition on their possession is desirable, that argument is the exact type of means-end reasoning the Supreme Court has forbidden me from considering,” he also wrote.
Making home made guns has been “a thing” since before the beginning of our nation and has continued throughout the centuries. That’s the history of the decision kicking in – the Democrat/anti-gunner are going to have a cow in realizing that their stunted idea of “ghost guns” (another made-up term like “assault weapons”) is going to fade into history as well.
Oh, and this other LSR by NH Democrat Steve “Deputy Dawg” Shurtleff: 2023-0069 relative to possession or discharge of a firearm in a school zone. That has to do with the Federal Gun Free Zone law (that has proven to be worthless) as it has this exception to it that Deputy Dawg wants to get rid of. You see, there is this:
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license; [So if you have a concealed carry permit, license, or another official document which permits you to possess the firearm assuming that there is some qualification standard in order to receive that permit/license.]
There is an application for an NH Pistol/Revolver license here that meets the above qualification and mine was signed by our Chief of Police after my application was approved by the NH State Police. While getting such a license makes it possible to carry reciprocity with other States, it also allows such a holder to go onto school property.
What do you think the over/under is that this is going to get tossed as well?
(H/T: The Epoch Times)
