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Thread: Possible Unconstitutional Firearm Restrictions

  1. #1
    Michigan Moderator DrTodd's Avatar
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    Possible Unconstitutional Firearm Restrictions

    A LONG and detailed analysis of which firearm laws could be deemed unconstitutional post Heller and McDonald...

    http://www.law.ucla.edu/volokh/2am.pdf
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    Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  2. #2
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by DrTodd View Post
    A LONG and detailed analysis of which firearm laws could be deemed unconstitutional post Heller and McDonald...

    http://www.law.ucla.edu/volokh/2am.pdf
    Good find, reading it now, it's long, but page 74 looks at common restrictions and how they may or may not be constitutional.
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    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  3. #3
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    Quote Originally Posted by Venator View Post
    Good find, reading it now, it's long, but page 74 looks at common restrictions and how they may or may not be constitutional.
    Brian,

    A lot of this applies to MI. Did you ever get a chance to look over the bill draft I sent you?


    I think a lot of stuff can be challenged now. The non resident pistol registration ban does not pass muster. Our knife laws and other weapon laws definately do not pass muster.

    The home state permit nonsense violates equal protection as well as the non-immigrant CPL ban.

    The disqualifiers for a CPL (except for felonies and mentally unfit) are not constitutional.

    The 0.02 alcohol limit is not consitutional. You can be 0.079 and legally operate a motor vehicle, but not exercise a right?


    Any thoughts Brian?

  4. #4
    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by DrTodd View Post
    A LONG and detailed analysis of which firearm laws could be deemed unconstitutional post Heller and McDonald...

    http://www.law.ucla.edu/volokh/2am.pdf
    I did a high-level scan of linked document. Some of the points made, especially around magazine capacity restrictions, appear to be slated towards a specific viewpoint and are easily assailable. I may have some more time this weekend and would do some more reading then.

  5. #5
    Campaign Veteran RabbiVJ's Avatar
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    I read it this morning, a lot of it definitely applies...Eugene Volokh is a pretty damn good law professor...
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  6. #6
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    How do we go by challanging these restrictions that this article found assailabel? Who would file law suits? Can anybody file or just these individuals who suffered losses under the laws we want to challenge? In what court?

  7. #7
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by Jared View Post
    Brian,

    A lot of this applies to MI. Did you ever get a chance to look over the bill draft I sent you?


    I think a lot of stuff can be challenged now. The non resident pistol registration ban does not pass muster. Our knife laws and other weapon laws definately do not pass muster.

    The home state permit nonsense violates equal protection as well as the non-immigrant CPL ban.

    The disqualifiers for a CPL (except for felonies and mentally unfit) are not constitutional.

    The 0.02 alcohol limit is not consitutional. You can be 0.079 and legally operate a motor vehicle, but not exercise a right?


    Any thoughts Brian?
    Email sent.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  8. #8
    Regular Member malignity's Avatar
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    Hm.. does this mean PFZ's could in fact cease to exist?
    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

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