(Perhaps in response; perhaps not), I've been meaning to mention that:
Note that the "history" in the SCOTUS ruling's "history and text" criterion
is
the history that the court's been briefed on in a case.
This places a premium on 2A attorneys researching the legal record
(which they appear to have done an excellent job of so far).
And it implies to
me that the 6-3 court has sent a message to the gun-grabbers
that SCOTUS don't owe them the duty of pulling anti-gun counterpoints out of the justices'
own grommets
in order to conduct "balanced" deliberations. If there's some case out there
supporting the anti- side which a conservative justice knows of,
the new standard of scrutiny places them under no obligation
to be a devil's advocate and chirp up with it themselves.
They might do it out of collegiality, but no guarantees.
That's not
totally out of character for appeals courts.
They're not normally interested in hearing of evidence
about the original case which is not preserved in the trial court's records.
It could be relevant here because there is probably some very relevant SCOTUS case law
about the distinction between arrests and convictions.
Note also, that it should be an easy lift for 2A counsel to point out if/whenever
these desperate additions to denial criteria include arrest lookback periods
which exceed the statute of limitations for the arrest's charges.
If the statute of limitations for prosecuting someone for a crime is 4 years,
but the gun-grabbers want to disqualify them if they had an arrest within 5 years,
that should be a non-starter right there. If the State doesn't care enough about the
crime to pursue it within a certain time, then they have no business claiming that
the unproven allegations are too horrific to permit gun ownership.
If a state's ironclad "speedy trial" deadlines (e.g. six months)
are much shorter than the statute of limitations (e.g. 4-5 years),
then there may even be an argument that any arrest lookback
greater than (e.g.) half a year is unconstitutional.
Furthermore, it ought to count for something if lack of prosecution
sprang from a dismissal of charges with prejudice,
or grand juries returning No True Bill.
To the degree that my musings here have any value,
I hope this post is from my keyboard to Comm2A counsels' ears.
Gun Control
Is
Jim Crow
(This time I added italics.
I like it).
Interesting that the (pirated) copy of the op-ed
does mention the
Black Panthers, which was gonna be my point.
The LA Times publishing that seems to show a remarkable lack
of self-awareness. They wouldn't do it if they didn't think it would
help the anti's. But the massive overreach and failure under Biden
have more and more Blacks seriously questioning
whether they want to be taken for granted by Donks
(
with nothing to show for it but crumbs for entitlement payments
and implosion of their culture) for the
next half dozen decades.
An easy substantive response:
"Since the law provides that
you determine the meaning of my LTC restrictions -
not an arresting jurisdiction, not a prosecutor, and not even a trial court -
if you want print a new LTC, then I want you to give me a signed and dated letter
defining my license restrictions as: NONE".
An inference:
If
@Wramos93 hasn't priced hiring a lawyer to press the matter promptly,
then he hasn't received any actual legal advice.
They may manage to screw that up.
When Bell Canada complained that people were violating telecom tariffs
by directly connecting non-Bell modems to the phone lines,
the Canadian regulator said, "OK; give us a technical spec that customer equipment must meet".
Bell drafted specs that no cost-effective device on earth could meet.
The regulators promptly tested all of
Bell's data-sets,
which of course failed royally (<- this being Canada).
At which point Bell slunk off and wrote a valid spec...
In the modestly possible event they mandate training or performance
above the police academy's,
smart attorneys will be able to use that to their clients' advantage down the road.
(Whether criminal defenders or aggrieved plaintiffs' counsel).
If
you try and carry outside your restrictions,
you
won't pull it off.
How many of the Nine privately
don't think Donk operatives
in battleground states' key dumpster-fire cities
committed massive voting fraud?
How many of the Nine privately
don't think the Deep State is running almost everything?
The Six
may have concerns
far beyond the level of mere tweaks to the Federalist Papers.
I was told this by a lawyer