since9
Campaign Veteran
Linky.
Excerpt:
On the face of it, their case appears to have serious merit. I am curious, however, as to how the courts will attempt to wriggle their way around the "shall not be infringed" clause of the Second Amendment, or of the rights-preserving ninth and the powers-limiting tenth.
Excerpt:
“By imposing such a ban on an entire class of weapons, the statutes and regulations exceed the power of the United States,” the complaint states. It makes its case by citing violations of Article I of the United States Constitution, the Second, Ninth and Tenth Amendments, and “principles of federalism and dual sovereignty.
“y arbitrarily ‘disapproving’ an already approved Form 1, Defendants’ actions violate Plaintiff’s Fifth Amendment right to due process and is an unjust taking; and violate the Equal Protection clause of the Fourteenth Amendment,” the complaint continues. “Plaintiff seeks declaratory and injunctive relief against ... unconstitutional provisions ... declaring the ban on machine guns unconstitutional ... and declaratory and injunctive relief prohibiting Defendants from unjustly taking property without Due Process."
“y arbitrarily ‘disapproving’ an already approved Form 1, Defendants’ actions violate Plaintiff’s Fifth Amendment right to due process and is an unjust taking; and violate the Equal Protection clause of the Fourteenth Amendment,” the complaint continues. “Plaintiff seeks declaratory and injunctive relief against ... unconstitutional provisions ... declaring the ban on machine guns unconstitutional ... and declaratory and injunctive relief prohibiting Defendants from unjustly taking property without Due Process."
On the face of it, their case appears to have serious merit. I am curious, however, as to how the courts will attempt to wriggle their way around the "shall not be infringed" clause of the Second Amendment, or of the rights-preserving ninth and the powers-limiting tenth.
