Judge Throws Out Szymecki Constitutional Claims

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"It is well settled law in this circuit that the Second Amendment does not apply to the states," Morgan wrote in dismissing Szymecki's constitutional claims. "Because the Second Amendment does not apply to the states, neither a state law nor a local ordinance can run afoul of any right guaranteed by the Second Amendment."

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and until the appeals court for that circuit changes its mind, or the SC changes it for them, that is the correct ruling.

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The Donkey wrote:

Can you provide the link to the decisions in Dan's case, or some identifying info that would allow me to find them?

Thanks,

Donky

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Donkey:

Try

http://opencarry.mywowbb.com/view_topic.php?id=15891&forum_id=66&highlight=City+of+Norfolk

You may be right about the racial component. But did both (threaten to) sue in Federal Court (4A violations), has has been strongly suggested on this site?

Dan and Chet have the same attorney. Do both cases involve 4A rights?

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I've checked the dockets and I can't find the case under Dan's name.

Possibly never filed? I don't know. Many cases end before they are filed.

It does appear from the discussion herein that Dan is under a confidentiality agreement of some kind.

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I don't think Danbus ever actually filed because they settled before things got that far.

I was curious about the similarities here, and after seeing Chet's 2A case dismissed, I began to wonder why Norfolk felt so threatened by Danbus. Or for that matter, why Chet felt confident enough to go forward. Didn't his lawyer know about the "well-settled" status of 2A?

I wonder if Chet will pursue this in state court.

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da7f2q8 wrote:

But did both (threaten to) sue in Federal Court (4A violations), has has been strongly suggested on this site?

Dan and Chet have the same attorney. Do both cases involve 4A rights?

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Did you read the opinion? Read it - you will see that the Fourth Amendment claim was raised and disposed of by the Judge as too far to reach in federal court because he would have to construe state law first.

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If Chet is going to state Court, he'd better go fast, or he may find his action precluded by Res Judicata and/or collateral estoppel.

So again:

1. what is 2d worth without incorporation, and with all these procedural defenses to substantive constitutional claims? AND

2. What sort of judges are going to bemore likelyto allow people like Chet to have his day in Courton substantive 2nd, 4th and 5th Amend. claims?

a. strict constructionists or

b. moderates?

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The Donkey wrote:

1. what is 2d worth without incorporation?

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Nothing.

What the ruling means is that the Second Amendment has no application to any laws passed by Virginia or ordinances passed by cities and counties.

That is about as clear as I can make the answer.


Norfolk could completely ban firearms from within its city limits without running afoul of the Second Amendment, according to this Judge. Only if Congress infringed the Second Amendment would this judge have anything to say on the subject. Since Norfolk's town council is not the U.S. Congress, there is no Second Amendment claim.

This type of case law will change over time.