maestro pistolero
New member
Can any of you legal-types check my reasoning here?
Once incorporation of 2A is established, shouldn't then go after the states which already have the AWB? If we can get a favorable 2A ruling at the state level, vis a vi so-called AWBs, mag bans, etc., won't we have tied the hands of congress in advance?
IOW, Once it can no longer be argued that 2A doesn't apply to the states, then anything that the states are prohibited from enacting, will also be prohibited to the federal government, right? (since we already 'know' 2A applies to the feds).
California would seem to be fertile ground on this matter. Their approved "safe" weapons list doesn't prevent police officers from carrying these off-list arms. If they are so unsafe, do we really want a cop running down the street after a criminal with one? And they are typically the arms in the most 'common use by the population for self defense.' (to paraphrase Scalia)
Some other questions:
Aren't executive orders by the president subject to constitutional review? In other words, let's say the skies parted and the 2A genie blinked, and suddenly, military style arms were deemed protected in all the land.
Could an executive order which prevented the importation of arms and ammo for the citizenry stand?
Should guns and ammo be subject to any special tax or levy beyond normal state sales tax?
Aren't registration fees, CCW permit fees, gun licenses of all types (except hunting, perhaps) essentially placing a tax on what has been established as a fundamental right? I can't imagine a fee imposed on exercising any other right: a free-speech fee, freedom of religion tax, a licensing fee to guarantee that I'm secure in my house, person, effects. etc.
Once incorporation of 2A is established, shouldn't then go after the states which already have the AWB? If we can get a favorable 2A ruling at the state level, vis a vi so-called AWBs, mag bans, etc., won't we have tied the hands of congress in advance?
IOW, Once it can no longer be argued that 2A doesn't apply to the states, then anything that the states are prohibited from enacting, will also be prohibited to the federal government, right? (since we already 'know' 2A applies to the feds).
California would seem to be fertile ground on this matter. Their approved "safe" weapons list doesn't prevent police officers from carrying these off-list arms. If they are so unsafe, do we really want a cop running down the street after a criminal with one? And they are typically the arms in the most 'common use by the population for self defense.' (to paraphrase Scalia)
Some other questions:
Aren't executive orders by the president subject to constitutional review? In other words, let's say the skies parted and the 2A genie blinked, and suddenly, military style arms were deemed protected in all the land.
Could an executive order which prevented the importation of arms and ammo for the citizenry stand?
Should guns and ammo be subject to any special tax or levy beyond normal state sales tax?
Aren't registration fees, CCW permit fees, gun licenses of all types (except hunting, perhaps) essentially placing a tax on what has been established as a fundamental right? I can't imagine a fee imposed on exercising any other right: a free-speech fee, freedom of religion tax, a licensing fee to guarantee that I'm secure in my house, person, effects. etc.
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