Why don't we challenge gun control in court?

D

Daren Thompson

New member
Why doesn't the NRA and other gun rights organizations take the NFA of 34,GCA of 68 and AW ban of 94 to court based on the 2nd Amendment? The federalist papers and Miller vs United States (1939) along with other info surely prove the grounds. Is the reason money?
Later
Daren
 
Daren...
The only way to challenge on Constitutional grounds is before the Supreme Court, and they have consistently and intentionally refused to hear any 2nd Amend based case since 1939.

They would have to review Miller and overturn the prior decision. Basically, they would have to start with a clean slate and Miller is the "legal precedent" for all gun control. Hence, that would render all gun control regulations invalid until they sorted it all out....and started fresh. That is one horrible can of worms they don't want to deal with. Thus, they just refuse to hear a germane case.

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"Quis custodiet ipsos custodes"
 
Hmmmm, The last time I heard that argument, almost eerily to the word, was in the US Capitol Building.

Don't be offended, Daren, but those words were uttered (sarcasticaly) by Sen. Torriceli and were directed at Charlton Heston, LaPierre and that lawyer whose name I always forget. Torricelli was insinutating that the NRA should surely launch an attack in the courts, unless they are just a sham and are trying to amass a bunch of money at the expense of an idealist membership.

The answer offerred was that you can't just call up the supreme court and ask them to hear a case that is 60 years old. What we need is new legislation to fight. Let's hope we don't get it. Brady is being fought now and may end up at the supreme court level eventually. I now that at least one case of "unfunded mandate" was won against Brady in Arizona.

The Miller case is dead, what we need/don't need is a new case to rally around, but the precedents that have already been set, it regards to GCA and NFA are not likely to be overturned on constitutional grounds, as they've been upheld so many times already.

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-Essayons
 
I guess I don't really know exactly how all this works for sure but with the Assault Weapons ban isn't that the legeslation that we could take to court? What about all these states trampling the constitution after all it is the supreme law of the land? Is it the lower courts that have upheld the GCA of 68?
Later
Daren
 
Hi all, I live in Minnesota and we have an influx of dirtbags and low life scum drug dealers and welfare addicted buttheads all coming up from Chicago to start a new life in Paul Welstone's welfare state.
My question is this, is it possable to sue the city of chicago for "making" all of these losers and now we have to put up with them. Maybe charge them for police time, Hospital fees , all of the stolen autos, property, etc... After all it is not there fault that they have no morals or ethics.
Let me know what you think????

---snoman---
 
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