@davidlskeen @Guntalk No but whether a law is constitutional has almost no correlation with whether it gets passed.
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Open Source Defense
6.2K posts
Open Source Defense
@opensrcdefense
Investing in and writing about civilian defense.
Katılım Haziran 2018
155 Takip Edilen12K Takipçiler
@opensrcdefense @Guntalk Would it be constitutional for a state to levy a higher tax on magazines with greater than n rounds?
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In a few years, magazine bans will be one of those things where looking back, it baffles everybody. “You’re saying they just picked an arbitrary number of rounds where a magazine suddenly becomes a felony?”
If a magazine of capacity n is constitutionally protected (and almost everybody agrees that there is some number n for which that is true — i.e. the only people left who’d ban a 2-round magazine are the ones who’d just ban guns altogether), then it’s just silly to say that at n+1, the magazine flips from being constitutionally projected straight to being a felony.
Rob Romano@2Aupdates
Ninth Circuit: "Here's 20 pages explaining a new test for Second Amendment protection that we just made up so the plaintiffs lose" Third Circuit in one paragraph: "Well that argument is nonsense"
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@TheLittleGuppy1 @gunpolicy We do our little part in the culture but all credit to FPC for this!
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@gunpolicy @opensrcdefense And we owe it to groups like you FPC, for all your hard work.
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In a 10-5 vote, too. Until recently, it was a pipe dream for two-thirds of an entire federal appeals court to strike down magazine bans and AWBs.
This is what 30 years of increasing cultural momentum looks like.
Firearms Policy Coalition@gunpolicy
FPC WIN: Third Circuit strikes down New Jersey's "assault weapon" and magazine bans in an en banc decision whose 192 pages include numerous concurrences and dissents: firearmspolicy.org/cheeseman
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@opensrcdefense Am I the only one who doesn’t lie to his spouse about new hobby purchases?
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Despite what people tell their spouse upon the discovery of a new gun in the safe, guns do not just magically appear.
Rob Romano@2Aupdates
Judge Krause goes with the common anti-gun argument that gun companies apparently forced people to buy lots of AR-15s:
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It's a thought-provoking analogy but pretty different imo. Consensual sex is constitutionally protected, and age makes true consent impossible. But even among adults there are things (e.g. intoxication, mental disability) that can invalidate someone's consent. Those exceptions can kick in at any age, so unlike magazines, it's not that beyond some threshold there is an absolute right to consensual sex.
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The age of consent one is a good one, everyone agrees at some age having consensual sex is constitutionally protected after Lawrence but no one thinks this implies 18 is arbitrary.
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Imagine applying this argument to the age of consent or less controversially abv volumes.
Unless your claim is there is no public safety benefit at all.
Open Source Defense@opensrcdefense
In a few years, magazine bans will be one of those things where looking back, it baffles everybody. “You’re saying they just picked an arbitrary number of rounds where a magazine suddenly becomes a felony?” If a magazine of capacity n is constitutionally protected (and almost everybody agrees that there is some number n for which that is true — i.e. the only people left who’d ban a 2-round magazine are the ones who’d just ban guns altogether), then it’s just silly to say that at n+1, the magazine flips from being constitutionally projected straight to being a felony.
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@opensrcdefense It's not magical. It's biology.
Mine breed.
I count one month, and there's.. say.. 25.
I count the next month, and there's 27.
Guns making whoopie in the safe... 😂
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“The objective features of unrestricted internet access render it disproportionate to ‘ordinary free speech needs’ and thus outside the scope of the First Amendment’s protection.”
Howard Sklar@HowardMSklar
From the 1st dissent. In other words, I know better than you do what "need" you have for self-defense. It doesn't matter that millions of Americans have chosen this for theirs.
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Open Source Defense retweetledi
It's kind of funny that the AR-15 ban circuit split gun-rights advocates were hoping would entice the Supreme Court to take up an "assault weapon" ban case didn't arrive until after the Court already agreed to take one up.
The Reload@TheReloadSite
Third Circuit Strikes Down New Jersey AR-15, Magazine Bans
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@MorosKostas You know, all those crazy right-wing public defenders
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Crazy that Biden appointed the rightwing judge that wrote the opinion.
Firearms Policy Coalition@gunpolicy
The New Jersey Governor responds: "We will not back down from extreme, right-wing attempts to weaken the laws of New Jersey.”"
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No comment yet from Everytown or Brady on the Third Circuit's decision
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It’s another good example of gun control orgs believing in the transubstantiation of weapons.
x.com/opensrcdefense…
Open Source Defense@opensrcdefense
Quick thread on how to think about the implicit premise of pistols being "transformed". A central teaching of the Catholic Church is that during Mass, the bread and wine become literally the body and blood of Jesus. This process is called transubstantiation.
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Open Source Defense retweetledi
You can tell from some parts of the majority opinion that Judge Freeman used to be a public defender:
Firearms Policy Coalition@gunpolicy
FPC WIN: Third Circuit strikes down New Jersey's "assault weapon" and magazine bans in an en banc decision whose 192 pages include numerous concurrences and dissents: firearmspolicy.org/cheeseman
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Her pre-judge career was as a federal public defender. She has seen how gun laws are used to railroad people. But it’s not personal. The opinion reads like a straightforward, professional application of Bruen, not something motivated by personal bias.
“For several years, our Court and our sister circuits interpreted Heller to require means-end scrutiny as a part of theSecond Amendment analysis. As it turns out, we all missed the mark. In Bruen, the Supreme Court clarified that means-end scrutiny has no place in Heller’s methodology.”
Kostas Moros@MorosKostas
I see your Saint Benitez memes and raise you with this Biden-appointed judge being the surprising author of the first circuit court opinion killing AWBs and mag bans.
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