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  • DEVE

    Member
    Jan 15, 2019
    79
    DELMARVA
    Can someone just wake me up after this legislative session is over, and let me know how many new laws I’m breaking? It’s getting too difficult to keep up with everything.
     

    DEVE

    Member
    Jan 15, 2019
    79
    DELMARVA
    I'm curious if one of our legal eagles could shed some light on how this comports or conflicts with Heller?
    IANAL, but Heller pretty much said this was unconstitutional.

    Part of the issue in Heller was that DC law required firearms be: “unloaded and disassembled or bound by a trigger lock". In essence this prohibited firearms from being in the home unless they were disabled, rendering them useless, and effectively prevented law abiding citizens from actively exercising their second amendment protected rights.
    It’s my interpretation that this new “gun storage” law works in such a way that it achieves a similar (though not identical) end result.
    It is worth pointing out that the DE law does allow you to be in active possession of a loaded firearm, while DC did not, so it’s not a direct apples to apples comparison.

    The question is how the courts will interpret all this when it’s eventually challenged (and I can guarantee you that it will be challenged).
    I honestly expect this to be something that reaches SCOTUS before it gets resolved.

    IMHO this is all a load of BS, right up there with criminalizing gun owners for not reporting lost or stolen firearms within a certain time frame.
     

    babalou

    Ultimate Member
    MDS Supporter
    Aug 12, 2013
    16,019
    Glenelg
    Pissed off

    IANAL, but Heller pretty much said this was unconstitutional.

    Part of the issue in Heller was that DC law required firearms be: “unloaded and disassembled or bound by a trigger lock". In essence this prohibited firearms from being in the home unless they were disabled, rendering them useless, and effectively prevented law abiding citizens from actively exercising their second amendment protected rights.
    It’s my interpretation that this new “gun storage” law works in such a way that it achieves a similar (though not identical) end result.
    It is worth pointing out that the DE law does allow you to be in active possession of a loaded firearm, while DC did not, so it’s not a direct apples to apples comparison.

    The question is how the courts will interpret all this when it’s eventually challenged (and I can guarantee you that it will be challenged).
    I honestly expect this to be something that reaches SCOTUS before it gets resolved.

    IMHO this is all a load of BS, right up there with criminalizing gun owners for not reporting lost or stolen firearms within a certain time frame.


    Why is it that unconstitutional laws can get passed and stayed until some unicorn scotus in the far future yet laws pro 2A passed get shot down or put on hold for the unicorn? Just like maobama’s executive orders pass yet Trump’s executive orders reversing said Maobama orders get blocked? Eff this. Getting to that point soon, I fear
     

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