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A Small Step

Subdeacon Joe

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 federal judge is blocking a California law that would mandate certain safety features for semiautomatic handguns. 

U.S. District Judge Cormac Carney on Monday ruled in favor of the California Rifle & Pistol Association (CRPA) and four individuals who had said the law violates the Second Amendment right to keep and bear arms since no new guns being manufactured complied with it, Reuters reported. "

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Another small slash applied to the anti-gun hoard!!  One more cut in the “Death by a Thousand Cuts” to those organizations who oppose the Second Amendment!!

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Kalifornians will know soon if the 9th Circus will follow follow Justice Thomas' clear test in NYSRPA v Bruen.  No more B.S. 9th Circus opinions stating as long as one handgun can be sold in Kalifornia the 2A isn't infringed; because, the state has a compelling interest in public safety.  The 9th and other circus courts who have ignored Heller's "common use" & used interest balancing to uphold state 2A restrictions have bugged justice Thomas for at least 10 years.  He was waiting for a guarantee that Roberts could not be a wildcard that narrowed 2A rights to vote to grant cert to a consequential 2A case.  NYSRPA v Bruen was his 1st opportunity to end circuit court ignoring Heller & Caetano.  And did he put clear boundary's on circuit & district court judges.  Notice I didn't say anything about legislators or bureaucrats.  Legislators have a long history of approving clearly unconstitutional laws.

P.S. Unfortunately after Bruen there have been a few district court judges who have ignored settled con-law to sandbag the inevitable striking of laws that can't pass the history, tradition & text test from Bruen nor not in common use which per Caetano is less than 200,000 in civilian hands.

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39 minutes ago, Still hand Bill said:

If common use is only 200k, silencers should be in common use now at over 1,000,000 and growing by 50k per year.   Same with SBR’s since the atf just decided there are somewhere between 4 and 40 million out there.  

I am sure when magazine limits, assault weapons, bans, safe handgun lists, ammo purchase background checks, firearms purchase permits & bans on purchase of by 18, 19 & 20 year olds cases make their way to SCOTUS; parts of the NFA will be challenged.  The suppressors will be struck from NFA 1st; because, they are in common use & they reduce the instant permanent hearing damage from exposure to the muzzle blast.  SBR's being in the NFA made no sense when handguns were removed from the final version of the statute.  That part of the NFA could be challenged using Bruen's history , text & tradition & probably Heller's common use and pilling on with argument that they aren't more dangerous than handguns.  Striking SBR's from the NFA would moot the ATF's pistol brace rule.  The rule isn't likely to survive the current pistol brace cases.  The bump stock rule has already been struck in the 5th circuit & it looks like the DOJ has chosen to not appeal to the full 5th circuit or SCOTUS.  Also, the ghost gun rule is on shaky ground because it conflicts with the GCA text.  Another suspect regulation is ATF's defining a frame or receiver as a "Firearm that doesn't contain all three components/assemblies that the GCA text defines as a firearm.  Per the text of the GCA a "Firearm" is the part that houses all of the following: 1) trigger, 2) hammer, 3) breech or bolt.  An AR's lower receiver only houses 2 of those 3.  There have been 3 cases that federal court judges have dismissed criminal cases involving AR-15 lowers for the reason that the lower only contains 2 of the 3.

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