tanqtonic
Hall of Famer
Posts: 19,137
Joined: Nov 2016
Reputation: 775
I Root For: rice
Location:
|
RE: Supreme Court refuses to hear challenge to CA gun law.
The 9th Circuit said that the 10 day waiting period did not run afoul of Heller. Since SCOTUS passed on hearing this, that ruling stands.
If anything, SCOTUS is the branch of the Federal government that is most isolated from public opinion.
|
|
02-20-2018 12:40 PM |
|
Kaplony
Palmetto State Deplorable
Posts: 25,393
Joined: Apr 2013
I Root For: Newberry
Location: SC
|
RE: Supreme Court refuses to hear challenge to CA gun law.
I would imagine it's more of a 10th Amendment stance than anything.
|
|
02-20-2018 12:42 PM |
|
ark30inf
Hall of Famer
Posts: 11,639
Joined: Oct 2007
Reputation: 588
I Root For: Arkansas State
Location:
|
RE: Supreme Court refuses to hear challenge to CA gun law.
(02-20-2018 12:30 PM)fsquid Wrote: http://thehill.com/regulation/court-batt...ia-gun-law
Influenced by the shooting last week or do you think the justices think the Heller decision has decided this?
Heller is really about voiding laws that are defacto repeals of the 2nd Amendment. Like taxing ammo $7,000,000 per cartridge or requiring you keep guns disassembled with the parts locked up 2 miles apart, etc.
10 day waiting period doesn't really fit that criteria unless its one of a collection designed for that.
Sent from my SAMSUNG-SM-G870A using Tapatalk
|
|
02-20-2018 12:49 PM |
|
tanqtonic
Hall of Famer
Posts: 19,137
Joined: Nov 2016
Reputation: 775
I Root For: rice
Location:
|
RE: Supreme Court refuses to hear challenge to CA gun law.
(02-20-2018 12:49 PM)ark30inf Wrote: (02-20-2018 12:30 PM)fsquid Wrote: http://thehill.com/regulation/court-batt...ia-gun-law
Influenced by the shooting last week or do you think the justices think the Heller decision has decided this?
Heller is really about voiding laws that are defacto repeals of the 2nd Amendment. Like taxing ammo $7,000,000 per cartridge or requiring you keep guns disassembled with the parts locked up 2 miles apart, etc.
10 day waiting period doesn't really fit that criteria unless its one of a collection designed for that.
Sent from my SAMSUNG-SM-G870A using Tapatalk
I find it interesting that the 9th Circuit struck down a 5 day waiting period for a stripper to get a license to take off her clothes and rub guys as having an unlawful chilling effect on her First Amendment right of expression, but then upholds this waiting period.
(This post was last modified: 02-20-2018 04:10 PM by tanqtonic.)
|
|
02-20-2018 04:09 PM |
|
Hambone10
Hooter
Posts: 40,333
Joined: Nov 2005
Reputation: 1290
I Root For: My Kids
Location: Right Down th Middle
|
RE: Supreme Court refuses to hear challenge to CA gun law.
(02-20-2018 04:09 PM)tanqtonic Wrote: (02-20-2018 12:49 PM)ark30inf Wrote: (02-20-2018 12:30 PM)fsquid Wrote: http://thehill.com/regulation/court-batt...ia-gun-law
Influenced by the shooting last week or do you think the justices think the Heller decision has decided this?
Heller is really about voiding laws that are defacto repeals of the 2nd Amendment. Like taxing ammo $7,000,000 per cartridge or requiring you keep guns disassembled with the parts locked up 2 miles apart, etc.
10 day waiting period doesn't really fit that criteria unless its one of a collection designed for that.
Sent from my SAMSUNG-SM-G870A using Tapatalk
I find it interesting that the 9th Circuit struck down a 5 day waiting period for a stripper to get a license to take off her clothes and rub guys as having an unlawful chilling effect on her First Amendment right of expression, but then upholds this waiting period.
wow... hadn't heard that one... was that just one of the arguments (they usually make dozens) or was it actually part of the decision?
I don't have a Constitutional problem with minimal waiting periods, though they can be inconvenient if you get a last-minute hunting invite etc.... but of course the period has to be 'reasonable'... and now the argument will be over whether 10 months is reasonable.
By the same token, we will soon be arguing about 24 months vs 20 months vs 16 months on 'viability', especially if anyone ever creates an artificial womb or 'perfects' the process of surrogates.
I tend to go with less regulation not more, but I think 'reasonable' waiting periods for all sorts of things have long been argued to be Constitutional... so I'm surprised at the stripper decision, unless they decided that there is no over-arching public interest being served?
|
|
02-20-2018 05:33 PM |
|
Niner National
Hall of Famer
Posts: 11,602
Joined: Mar 2012
Reputation: 494
I Root For: Charlotte 49ers
Location:
|
RE: Supreme Court refuses to hear challenge to CA gun law.
(02-20-2018 05:33 PM)Hambone10 Wrote: (02-20-2018 04:09 PM)tanqtonic Wrote: (02-20-2018 12:49 PM)ark30inf Wrote: (02-20-2018 12:30 PM)fsquid Wrote: http://thehill.com/regulation/court-batt...ia-gun-law
Influenced by the shooting last week or do you think the justices think the Heller decision has decided this?
Heller is really about voiding laws that are defacto repeals of the 2nd Amendment. Like taxing ammo $7,000,000 per cartridge or requiring you keep guns disassembled with the parts locked up 2 miles apart, etc.
10 day waiting period doesn't really fit that criteria unless its one of a collection designed for that.
Sent from my SAMSUNG-SM-G870A using Tapatalk
I find it interesting that the 9th Circuit struck down a 5 day waiting period for a stripper to get a license to take off her clothes and rub guys as having an unlawful chilling effect on her First Amendment right of expression, but then upholds this waiting period.
wow... hadn't heard that one... was that just one of the arguments (they usually make dozens) or was it actually part of the decision?
I don't have a Constitutional problem with minimal waiting periods, though they can be inconvenient if you get a last-minute hunting invite etc.... but of course the period has to be 'reasonable'... and now the argument will be over whether 10 months is reasonable.
By the same token, we will soon be arguing about 24 months vs 20 months vs 16 months on 'viability', especially if anyone ever creates an artificial womb or 'perfects' the process of surrogates.
I tend to go with less regulation not more, but I think 'reasonable' waiting periods for all sorts of things have long been argued to be Constitutional... so I'm surprised at the stripper decision, unless they decided that there is no over-arching public interest being served?
10 months? It is 10 days. Imo, 10 days is reasonable, 10 months would be absurd though.
|
|
02-20-2018 06:17 PM |
|
tanqtonic
Hall of Famer
Posts: 19,137
Joined: Nov 2016
Reputation: 775
I Root For: rice
Location:
|
RE: Supreme Court refuses to hear challenge to CA gun law.
(02-20-2018 05:33 PM)Hambone10 Wrote: (02-20-2018 04:09 PM)tanqtonic Wrote: (02-20-2018 12:49 PM)ark30inf Wrote: (02-20-2018 12:30 PM)fsquid Wrote: http://thehill.com/regulation/court-batt...ia-gun-law
Influenced by the shooting last week or do you think the justices think the Heller decision has decided this?
Heller is really about voiding laws that are defacto repeals of the 2nd Amendment. Like taxing ammo $7,000,000 per cartridge or requiring you keep guns disassembled with the parts locked up 2 miles apart, etc.
10 day waiting period doesn't really fit that criteria unless its one of a collection designed for that.
Sent from my SAMSUNG-SM-G870A using Tapatalk
I find it interesting that the 9th Circuit struck down a 5 day waiting period for a stripper to get a license to take off her clothes and rub guys as having an unlawful chilling effect on her First Amendment right of expression, but then upholds this waiting period.
wow... hadn't heard that one... was that just one of the arguments (they usually make dozens) or was it actually part of the decision?
I don't have a Constitutional problem with minimal waiting periods, though they can be inconvenient if you get a last-minute hunting invite etc.... but of course the period has to be 'reasonable'... and now the argument will be over whether 10 months is reasonable.
By the same token, we will soon be arguing about 24 months vs 20 months vs 16 months on 'viability', especially if anyone ever creates an artificial womb or 'perfects' the process of surrogates.
I tend to go with less regulation not more, but I think 'reasonable' waiting periods for all sorts of things have long been argued to be Constitutional... so I'm surprised at the stripper decision, unless they decided that there is no over-arching public interest being served?
Wasnt in the arguments or in the decision. But a fun thing to compare the current decision to.
I never want a Federal (or state) government to be the arbiters of any 'reasonable' term of time. Look at what has happened to the copyright term since 1976......
|
|
02-20-2018 07:42 PM |
|