testtest

SCOTUS could rule red flag laws are not constitutional.

Looks like they have an definite anti gunner confirmed when Breyer retires or forced to retire.

Ketanji Brown Jackson seen applauding New Zealand's 'assault' weapons ban at Harvard commencement

Supreme Court Justice-designate Ketanji Brown Jackson was seen last week applauding New Zealand’s "assault" weapons ban at Harvard University, just as a similar ban is being raised by Democratic lawmakers – and could potentially one day be before the Supreme Court.

Jackson was in the audience at New Zealand Prime Minister Jacinda Ardern's commencement speech at Harvard University, and was sat very near Ardern.

In her address, Ardern lists off various achievements of her government in recent years, from the introduction of gay marriage to climate change commitments.

She then points to one in particular: "Banning military-style semi-automatics and assault rifles." As she says this, Jackson begins applauding – which is followed by a standing ovation from the audience at the elite university.

Jackson’s applause comes as Democrats across the country have used recent shootings in Uvalde, Texas and Buffalo, New York to renew calls for a U.S. ban on "assault" weapons, that are typically defined as semi-automatic weapons with certain features and attachments.

"We need to ban assault weapons and high capacity magazines," President Biden said in a televised address Thursday night. He has also called for raising the age to purchase firearms, tougher background checks and "red-flag laws." Meanwhile, House Speaker Nancy Pelosi announced hearings on a potential assault weapons ban.

Democrats' gun control proposals a power grab, not public safety measures: MassieVideo
Meanwhile, some states already have assault weapons bans in place, while other states are looking at passing them in the wake of those shootings. The federal government last passed an assault weapons ban in 1994, which expired in 2004.

Critics of those measures have said that they are not only ineffective, but also infringe upon the rights of law-abiding gun owners. It means that any such assault weapons ban could eventually be subject to a legal challenge and be before the Supreme Court.

Jackson was confirmed by the Senate in April after being nominated by President Biden and will sit on the nation’s highest court after Justice Stephen Breyer steps down at the end of the Supreme Court term this summer. She will be the first Black female justice on the court.
Click to expand...
 
No one was ever under any illusion that Ketanji was anything other than a progressive, activist justice. It's almost a guarantee that Jackson, Kagan and Sotomayor will all vote exactly the same on every single case.

We do currently have a conservative dominated court that leans our way on 2A issues, but how important is that to them ? The hope would be that they would issue a comprehensive ruling that would leave no doubt about the unconstitutionality of ALL these stupid gun laws. I don't see that happening. Even the narrow rulings they do issue on the 2A will likely move slow as molasses in the winter time. Which means we will likely get a few pro gun rulings out of them before the court ends up being stacked by the left or circumvented in some other way.

I mean look how long it is taking for them to rule on the NY "May issue" case. The big problem is that even though Trump installed a lot of conservative appellate judges, anti gun politicians keep passing unconstitutional gun laws in various locations and shopping for judges that will uphold them. California clearly has a raft of unconstitutional gun laws and yet even though a judge ruled that "High capacity" mag bans are unconstitutional, it's still the law in California and several other places.

In short, I wouldn't hold my breath waiting on the SCOTUS to rule that red flag laws are unconstitutional. The ATF changing laws at the behest of the executive branch is also ridiculously unconstitutional and yet you will very soon be unable to buy an 80% lower. I predict very soon we will have "Universal background checks" and an unconstitutional, defacto gun owners data base that amounts to registration. And most likely a nationwide red flag law. I am holding out a small amount of hope that my state's Second Amendment Preservation Act will prevent enforcement of these laws at the state level.
 
When I was a teenager I could walk into a sporting goods store and buy a gun and ammo with no problems. I always had a hunting or trap gun in the trunk of my car at high school, and I had a coach come out to my car to look at my new shotgun during lunch and no one thought a thing about it. Guns were a part of everyday life, but so was personal accountability. I wish we could go back to those times, however imperfect, but the world has changed.

I hate seeing us go down this road, but I fully expect to see some form of "Red Flag Law" come out of the Congress, along with the 21 year age requirement. I see that happening because it is in everyone's best interest to keep firearms out of the hands of the insane. How you do that without infringing upon the rights of law abiding citizens is the tricky part. We no longer confine our insane to mental hospitals. The age 21 requirement to legally purchase a firearm is a no-brainer. In my opinion, that is going to happen, with exceptions for military and LE personnel.

There will be a big fight in Congress over this red flag issue but something will happen. It is a big mistake to pass one of these laws without building in strict due process, and that is where they will fail on constitutional grounds. It is also a big mistake to allow individuals outside law enforcement to petition for an order. The 4th Amendment test for any of these red flag type laws is ensuring there is guaranteed due process and redress built into the law. The process needs to be structured in such a way to make it difficult to get the court order in the first place, and then to provide for hearings and expirations of the orders.

Thankfully there are other far left loony ideas that will die before they get to the floor of any chamber but be vigilant and do not underestimate the persistence of loony elected officials.
 
The Interstate Commerce Clause of the Constitution gives the federal government power to regulate items in commerce that cross state lines. The 2nd Amendment restrains the government's control over firearms issues. The fight will be over whether it is a violation of states' rights for the federal government to set such things as age limits and red flag laws, which should be reserved for the sates. There will be a significant political fight and Constitutional challenges emerging from the strife and there will be no end to in our lifetimes
 
You must log in or register to reply here.
Back
Top