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Old July 3rd, 2020, 10:46 AM #311
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https://www.stephenhalbrook.com/law_...oing_armed.pdf

This is good read from Dr Stephen Holbrook.
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Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of tyrannical government.

“By the way I call it "moral obedience" rather than "civil disobedience" because it is God's law". Those who try to promote un-natural laws on us are committing moral disobedience. It is our duty to resist immoral laws and actions.” By Richard Fry.

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Old July 3rd, 2020, 11:09 AM #312
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https://www.stephenhalbrook.com/law_...oing_armed.pdf

This is good read from Dr Steven Holbrook.
Thanks for posting.

Regards
Jack
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Old July 3rd, 2020, 12:25 PM #313
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That would explain KY but not the states that added it to their constitutions afterward
It is possible that they had the same reaction as KY. I don't know enough about the situation to confirm or deny this.
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Old July 3rd, 2020, 12:49 PM #314
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Yes, you are able to have that opinion. I think you can do better with a educated guess on exactly what the text says. JMHO too. With all due respect.

Quoted from "Rogers v Grewal dessent.




Yes, I agree 100%
At least we know 2 justices in SC do not hold this view. It occurs to me that many originalists and conservative people who own firearms do not see any value in the government public safety as reasoning to limited 2A rights. I can and many due protect their own safety, I don't need the police or government to tell me they're making 'safety' for us.
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All the anti-2A side has to argue is the laws were passed to "protect public Health and Safety" and the Judges will continue to side on the anti-2A side forever regardless.
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Yes and unfortunately they really don’t need to back it with anything other than speculation.
As I continue to say, it is not SCOTUS's job to correct errors in individual cases. It is the attorney's job to point out the reasoning why and explain why it is a systematic issue. If you read the Rogers petition, they don't really answer why the lower court got it wrong and why it is a systematic issue. The spent the majority of the petition demonstrating an issue that was not disputed and complaining that the lower court got the answer wrong.

In Kolbe, they did a poor job explaining the reasoning why. They never really explain why "M-16 rifles and the like" refers to automatic rifles rather than cosmetically similar rifles like the 4CA determined. They rely on the dissent, which was poorly reasoned in my opinion. This is because it does not really disprove the majority opinion, it simply disagrees with it.
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Old July 5th, 2020, 07:10 AM #315
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As I continue to say, it is not SCOTUS's job to correct errors in individual cases. It is the attorney's job to point out the reasoning why and explain why it is a systematic issue. If you read the Rogers petition, they don't really answer why the lower court got it wrong and why it is a systematic issue. The spent the majority of the petition demonstrating an issue that was not disputed and complaining that the lower court got the answer wrong.

In Kolbe, they did a poor job explaining the reasoning why. They never really explain why "M-16 rifles and the like" refers to automatic rifles rather than cosmetically similar rifles like the 4CA determined. They rely on the dissent, which was poorly reasoned in my opinion. This is because it does not really disprove the majority opinion, it simply disagrees with it.
I agree partially that SCOTUS doesn’t normally correct individual errors in individual cases. But in the case of Rogers we have a split with Wrenn which obviously makes for two competing methods between the circuits. They pointed to follow Wrenn several times in their brief as well as numerous amici.
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Old July 5th, 2020, 12:59 PM #316
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I agree partially that SCOTUS doesn’t normally correct individual errors in individual cases. But in the case of Rogers we have a split with Wrenn which obviously makes for two competing methods between the circuits. They pointed to follow Wrenn several times in their brief as well as numerous amici.
They do not take every split. The problem with Rogers is that they never really answered why the original Drake decision was wrong. Their only real argument was we like Wren better, and we know that is not enough for the district or appellate court to change their mind.

Wren did not really answer the question either. It certainly provided a different way to resolve the question, but which way is correct? Is the intermediate scrutiny answer that most courts use correct, or is the categorical approach the correct answer?

I believe that SCOTUS will take a case where they can provide an answer to why the lower court is wrong. I don't believe the previously rejected cases provided that answer.
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Old July 8th, 2020, 09:23 AM #317
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https://www.youtube.com/watch?time_c...ture=emb_title

Case for Gun Control Is Dead!
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Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of tyrannical government.

“By the way I call it "moral obedience" rather than "civil disobedience" because it is God's law". Those who try to promote un-natural laws on us are committing moral disobedience. It is our duty to resist immoral laws and actions.” By Richard Fry.
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