Mass AWB’s days are numbered

What was the Bruen analysis? Did it establish a "uniquely dangerous" standard (putting aside the silliness of that statement)? And what about Heller's "in common use" standard? I am so confused...
These judges don't give a shit about those opinions, there's no penalties for not following them. They're just playing the game game until SCOTUS eventually flips and Heller and Bruen will be reversed. I hate to be a Debbie downer but that's their plan.
 
Basicly the judge decided against the injunction, and then cherry picked bits and pieces of SCOTUS rulings to support the decision that "Assault Weapons" are not as effective as hand guns for self defense and are therefore not protected under the Second Amendment. They can also be infringed because Machineguns and Short Barrel Shotguns can be infringed.

Its laughable.
 
Since when is the second amendment ruled by terminology like "uniquely dangerous"? It's a f***ing gun. It's inherently "dangerous". An "assault rifle" isn't any more dangerous than any other firearm in the hands of someone who is trained and ready to kill.
Exactly. The 'ol guns are icky argument. Total splitting of hairs. All firearms are inherently dangerous. The rationale by some of these judges is beyond the pale of anything remotely rational because (1) they have a personal agenda against the plain meaning of 2A (let's be honest -- we don't need Bruen's or Heller's reasoning when the written words of the 2A could not be more clear) and (2) they have zero understanding of firearms. The irony is that a handgun is far more dangerous because it is concealable. The only reason lunatics use an AR is because they see it on TV and in video games. It is actually harder to manipulate than a pistol. The Virginia Tech killer used two pistols, one of which had 10 round mags. He killed almost two dozen people.
 
What was the Bruen analysis? Did it establish a "uniquely dangerous" standard (putting aside the silliness of that statement)? And what about Heller's "in common use" standard? I am so confused...
From Alito's concurrence in Bruen:

"Our holding decides nothing about who may lawfully possess a firearm or the requirements that must be met to buy a gun. Nor does it decide anything about the kinds of weapons that people may possess."
 
This is a good point I think people should take more note of the fact that there are a lot of shitty judges appointed by Republicans. Like after Souter, like nothing can be taken for granted anymore and there are a crap load of easy way / rhino judges all over the place that will do things like shit on the Second Amendment just because it's less politically uncomfortable for them when they write their stupid decision.
The conservative legal minds weren't on board with previous judicial picks ?
 
I’m wondering if NAGR is trying to set this up to be the next AWB case to work it’s way up the courts. IIRC, aren’t there at least 3 major cases (CA, IL, MD) working their way up the system? This may be another one.
This case will go nowhere. It’s still on interlocutory appeal, which means there has been no final judgement in the case. We’ve had multiple gun related cases go all the way up to SCOTUS seeking similar injunctive relief (Antonyuk v. Nigrelli, VanDerStock v. Garland, NAGR v. Naperville, etc). All of them have been denied. SCOTUS will not act unless a case has been fully decided on the merits at the inferior court level. There are other AWB/mag ban cases much further along than this one (Miller v. Bonta, Duncan v. Bonta, Bianchi v. Frosh, etc.) that stand a much better chance of getting to SCOTUS sooner.
 
From Alito's concurrence in Bruen:

"Our holding decides nothing about who may lawfully possess a firearm or the requirements that must be met to buy a gun. Nor does it decide anything about the kinds of weapons that people may possess."
Don't forget that last August SCOTUS refused to overturn the IL AWB enacted after the Highland Park mass shooting , which was in and of itself interesting in that Highland Park already had a local AWB in place that SCOTUS refused to overturn (Freidman V. Highland Park - 2015). That refusal was one of the driving forces behind Bloomberg directing his organizations to concentrate on local actions.
 
Can't someone (or everyone, as a "class action") bring a lawsuit against all these laws as Civil Rights violations? Then it could be voted up or down, and settle that part of it once and for all.
 
An "assault rifle" isn't any more dangerous than any other firearm in the hands of someone who is trained and ready to kill.
I agree with your overall sentiment, but this is where you go off the rails a little bit. If you don’t think that an AR15 is a better killing tool, be it self defense or mass murder, than a bolt gun, you’re being dishonest. There’s a reason the military stopped fighting with bolt guns (except in very niche applications) once auto loading firearms became available.

The point is, what they’re calling assault rifles are protected by the 2A whether or not they’re more “dangerous” than other types of firearms.
 
I agree with your overall sentiment, but this is where you go off the rails a little bit. If you don’t think that an AR15 is a better killing tool, be it self defense or mass murder, than a bolt gun, you’re being dishonest. There’s a reason the military stopped fighting with bolt guns (except in very niche applications) once auto loading firearms became available.
I'm sorry but that's silly (to put it politely). What's so special about an AR-15 mechanically? What's so unique about the way it functions? Why are you comparing it to a bolt gun and not to a Garand, M14, Carbine, Mini-14, etc? Semi-auto technology has been around for a very, very long time.
 
Can't someone (or everyone, as a "class action") bring a lawsuit against all these laws as Civil Rights violations? Then it could be voted up or down, and settle that part of it once and for all.
Class Action lawsuits are bad in a 2A context. Typically, a 2A plaintiff seeks a court declaration deeming a gun control law unconstitutional, followed by an order preventing its future enforcement. Therefore, resorting to a class action isn't crucial for the 2A movement to achieve its goal of eliminating unconstitutional laws. Moreover, class actions necessitate a separate litigation process to address various unrelated questions, such as the adequacy of the plaintiff's lawyer, determining class members, and assessing the plaintiff(s) as suitable class representatives. Additionally, the financial burdens associated with class action litigation, including the preparation and publication of Class Notices and allowing potential class members to "opt out," make the use of the class action tool largely unnecessary in the 2A context.
 
From Alito's concurrence in Bruen:

"Our holding decides nothing about who may lawfully possess a firearm or the requirements that must be met to buy a gun. Nor does it decide anything about the kinds of weapons that people may possess."

But it did establish a new constitutionaity test for all 2A matters based on history and tradition rather than weighing rights vs societal good.
 
I'm sorry but that's silly (to put it politely). What's so special about an AR-15 mechanically? What's so unique about the way it functions? Why are you comparing it to a bolt gun and not to a Garand, M14, Carbine, Mini-14, etc? Semi-auto technology has been around for a very, very long time.
I’m comparing it to a bolt gun because bolt guns don’t fall into the definition of what is considered an “assault weapon”. That seems like a logical train of thought to me and not silly.

Yes, semi auto tech has been around a long time. And those are the rifles that are subject to assault weapons bans which is what we are talking about. Not sure what your point is here.

Do you really need to know What separates an AR15 from weapons not considered “assault weapons” by those who wish to ban them? Rate of fire, faster reloads, capacity, etc. the fact is they’re better as fighting/killing tools for multiple targets than what’s not consider an assault weapon by those who wish to ban them. If you don’t believe that you’re simply in denial, and denial is not a strong position from which to win an argument.
 
But it did establish a new constitutionaity test
It didn’t, actually. The Bruen test is really just the Heller test, but dumbed down in a way that inferior courts are supposed to be able to understand it. The Bruen methodology is the exact same methodology that SCOTUS used when deciding Heller. Using that test, they determined that history says the only kinds of arms that can be banned are those deemed to be “dangerous and unusual.” Which is how we got the common use test.
 
But it did establish a new constitutionaity test for all 2A matters based on history and tradition rather than weighing rights vs societal good.
How about rights vs. "uniquely dangerous"?

Using that test, they determined that history says the only kinds of arms that can be banned are those deemed to be “dangerous and unusual.” Which is how we got the common use test
 
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It didn’t, actually. The Bruen test is really just the Heller test, but dumbed down in a way that inferior courts are supposed to be able to understand it. The Bruen methodology is the exact same methodology that SCOTUS used when deciding Heller. Using that test, they determined that history says the only kinds of arms that can be banned are those deemed to be “dangerous and unusual.” Which is how we got the common use test.

It did. Maybe they used it themselves for Heller. But for Bruen they said all the other courts need to use it too. Hence its new for all the other courts.

How about rights vs. "uniquely dangerous"?

Key part there is dangerous and unusual. Needs to be both. Not even something that’s super duper dangerous if it’s normal and common.
 
These judges don't give a shit about those opinions, there's no penalties for not following them. They're just playing the game game until SCOTUS eventually flips and Heller and Bruen will be reversed. I hate to be a Debbie downer but that's their plan.

Congress could intervene and push the judges to comply but they won't because republicans and by and large extremely cowardly. They fear the media backlash "How dare you pick on this poor defenseless little judge who's just trying to do their job". The system will continue unabated until it's eventual collapse. The real left (not democrats or the progressive left) is salivating at the idea of replacing it all with a marxist utopia and had already said democrats get the bullet too.
 
Congress could intervene and push the judges to comply but they won't because republicans and by and large extremely cowardly. They fear the media backlash "How dare you pick on this poor defenseless little judge who's just trying to do their job". The system will continue unabated until it's eventual collapse. The real left (not democrats or the progressive left) is salivating at the idea of replacing it all with a marxist utopia and had already said democrats get the bullet too.

Well, also because of Separation of Powers.

Maybe RINOs are hands-off because they're cowards, but why they SHOULD be hands-off is because Congress isn't supposed to have anything to do with managing the Judiciary. That's fine by me.
 
They're not cowards, they're doing what's in their best interest. The 2A was meant as a last resort for a government that was out of control. Stop thinking that they represent us and start realizing that they're part of the government and they're acting in their own self interest.

Expecting government at any level and regardless of political affiliation to truly support the 2A is beyond retarded. It's like expecting burglars to advocate for better alarms in people's homes
 
Yes, semi auto tech has been around a long time. And those are the rifles that are subject to assault weapons bans which is what we are talking about. Not sure what your point is here.
His point is that there are a number of semi-auto guns not considered "assault weapons" that are effectively the same. You quoted him listing a number of them, including a Mini-14.

Do you really need to know What separates an AR15 from weapons not considered “assault weapons” by those who wish to ban them? Rate of fire, faster reloads, capacity, etc. the fact is they’re better as fighting/killing tools for multiple targets than what’s not consider an assault weapon by those who wish to ban them. If you don’t believe that you’re simply in denial, and denial is not a strong position from which to win an argument.
Eliding the point of the other person is not a strong position either. Mini-14s don't meet the typical "assault weapon" definition, yet the rate of fire, reload rate, capacity, etc. are indistinguishable from an AR15, and to date they are not a primary target of the bans.

Sure, they can start playing the definition game so that any semi-auto with a removable magazine is an "assault weapon", but that's not the case in the main right now.
 
His point is that there are a number of semi-auto guns not considered "assault weapons" that are effectively the same. You quoted him listing a number of them, including a Mini-14.


Eliding the point of the other person is not a strong position either. Mini-14s don't meet the typical "assault weapon" definition, yet the rate of fire, reload rate, capacity, etc. are indistinguishable from an AR15, and to date they are not a primary target of the bans.

Sure, they can start playing the definition game so that any semi-auto with a removable magazine is an "assault weapon", but that's not the case in the main right now.
He asked why I compared it to a bolt gun, and I quoted and responded to that specifically. I actually clearly stated in my post that I’m comparing it to a bolt gun because they don’t fall under the definition of “assault weapon”.

I’m not comparing an AR15 to a mini 14. I specifically used bolt gun because the original claim that I responded to in post #250 was that an “assault weapon” isn’t any more dangerous than any other firearm. My point is, it’s ridiculous to say that a bolt gun, which is a type of firearm not considered an “assault weapon”, is as effective for killing multiple targets fast as an AR15.
 
Do you really need to know What separates an AR15 from weapons not considered “assault weapons” by those who wish to ban them? Rate of fire, faster reloads, capacity, etc. the fact is they’re better as fighting/killing tools for multiple targets than what’s not consider an assault weapon by those who wish to ban them.

I’m not comparing an AR15 to a mini 14. I specifically used bolt gun because the original claim that I responded to in post #250 was that an “assault weapon” isn’t any more dangerous than any other firearm. My point is, it’s ridiculous to say that a bolt gun, which is a type of firearm not considered an “assault weapon”, is as effective for killing multiple targets fast as an AR15.
That's all well and good, but now you're avoiding my point, specifically why an AR-15 is an "assault weapon" but a Mini-14 is not. A Mini-14 is just as effective at killing multiple targets, but it's not on the list. The only apparent reason is cosmetic issues, which would seem to put your "they're on the list because they're more effective at killing" proposition to the test.
 
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His point is that there are a number of semi-auto guns not considered "assault weapons" that are effectively the same. You quoted him listing a number of them, including a Mini-14.


Eliding the point of the other person is not a strong position either. Mini-14s don't meet the typical "assault weapon" definition, yet the rate of fire, reload rate, capacity, etc. are indistinguishable from an AR15, and to date they are not a primary target of the bans.

Sure, they can start playing the definition game so that any semi-auto with a removable magazine is an "assault weapon", but that's not the case in the main right now.

They are a target of the new “GOSAFE” bill. It targets gas operated semi autos.
 
That's all well and good, but now you're avoiding my point, specifically why an AR-15 is an "assault weapon" but a Mini-14 is not. A Mini-14 is just as effective at killing multiple targets, but it's not on the list. The only apparent reason is cosmetic issues, which would seem to put you "they're on the list because they're more effective at killing" proposition to the test.
I made it pretty clear that I’m addressing the claim that assault weapons aren’t any more dangerous than any other firearm. I specifically used bolt actions to disprove that claim.

I’m avoiding your point because it is not what I was addressing at all. The proposition that assault weapons aren’t any more dangerous than any other firearm is false if there are firearms that assault weapons are more dangerous than. I’m using the ability to kill more targets faster as what I assume the AWB proponents consider dangerous. So that proposition fails simply because assault weapons are far more effective than bolt actions.

That you can cite an example of a rifle not on whichever list you’re referring to (by the way there are bans proposed all of the time at state and fedal levels that do include all semi auto magazine fed rifles, like your mini 14) as being as effective as an AR15, is irrelevant to the discussion of whether assault weapons are not more dangerous than any firearm not on the list. You’re making a separate point. One that I don’t care about. And I have no further need to discuss that particular point at all. It’s not at all part of the debate about whether assault weapons are more dangerous than any firearm not on the list.
 
The only apparent reason is cosmetic issues, which would seem to put you "they're on the list because they're more effective at killing" proposition to the test.
I absolutely 100% never proposed this. All one ever done was debunk the claim that “assault weapons” are not any more dangerous than any firearm not on the list.

I’m sorry you are not equipped with the skills to understand the discussion here, but I am not equipped with the skills to continue to try to help you understand.
 
Yeah, you know how much money I’ve wasted being a law abiding citizen in Massachusetts?

I hope they burn the whole thing to the ground and all my magazines and machine guns are worth about two cents That’s what I will have to do for your freedom.

The people around here are f***ing joke
 
He asked why I compared it to a bolt gun, and I quoted and responded to that specifically. I actually clearly stated in my post that I’m comparing it to a bolt gun because they don’t fall under the definition of “assault weapon”.

I’m not comparing an AR15 to a mini 14. I specifically used bolt gun because the original claim that I responded to in post #250 was that an “assault weapon” isn’t any more dangerous than any other firearm. My point is, it’s ridiculous to say that a bolt gun, which is a type of firearm not considered an “assault weapon”, is as effective for killing multiple targets fast as an AR15.
I’m going to say something controversial here: It only takes one shot to kill someone. A bolt gun or a semi-auto can both do that. We’re not talking belt feds or full auto select fire machine guns.

Can a person walk into a crowd and unleash 30 or 40 rounds with a semi auto? Sure. If you’ve ever shot full auto, or semi-auto quickly, you know your aim goes to shit (why full auto should be short bursts). A trained sniper could be just as effective with a bolt action from a good location.

Bottom line, it is ridiculous to debate “dangerousness”. As others have said before, Oklahoma City bomb was fertilizer. How many did that kill? There will always be ways to create mayhem if you have knowledge, desire and ability.

They just want to ban guns because guns and are having a hard time getting around the pesky 2nd.
 
Yeah, you know how much money I’ve wasted being a law abiding citizen in Massachusetts?

I hope they burn the whole thing to the ground and all my magazines and machine guns are worth about two cents That’s what I will have to do for your freedom.

The people around here are f***ing joke
Who are you referring to
 
That you can cite an example of a rifle not on whichever list you’re referring to (by the way there are bans proposed all of the time at state and fedal levels that do include all semi auto magazine fed rifles, like your mini 14) as being as effective as an AR15, is irrelevant to the discussion of whether assault weapons are not more dangerous than any firearm not on the list. You’re making a separate point. One that I don’t care about.
More correctly, one that you implied and, when confronted, are now trying to deny that you raised.
And I have no further need to discuss that particular point at all. It’s not at all part of the debate about whether assault weapons are more dangerous than any firearm not on the list.
Defining "that a particular point" is a bit of a trick. Collapsing a somewhat disjointed paragraph in your post #265 to the salient points results in the following:
"[C]it[ing] an example of a rifle not on [a] list ..... as being as effective as an AR15, is .... not at all part of the debate about whether assault weapons are more dangerous than any firearm not on the list."
That's a rather remarkable lack of internal consistency. I can see why you've decided that you're not defending it.

I’m sorry you are not equipped with the skills to understand the discussion here, but I am not equipped with the skills to continue to try to help you understand.
It's remarkable how often people unable to articulate their position in a clear, consistent, straightforward manner can think of no response other than to resort to insult when called on it. Huh.
 
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