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Possible Unconstitutional Firearm Restrictions

J

Jared

Regular Member
Joined
Jul 8, 2006
Messages
892
Location
Michigan, USA
Venator said:
Good find, reading it now, it's long, but page 74 looks at common restrictions and how they may or may not be constitutional.
Click to expand...

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?
 
PDinDetroit

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
DrTodd said:
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
Click to expand...

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.
 
RabbiVJ

RabbiVJ

Campaign Veteran
Joined
Nov 22, 2009
Messages
212
Location
ATL via DTW
I read it this morning, a lot of it definitely applies...Eugene Volokh is a pretty damn good law professor...
 
S

sasha601

Regular Member
Joined
Feb 13, 2010
Messages
338
Location
Rochester Hills, Michigan, USA
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?
 
Venator

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
Jared said:
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?
Click to expand...
Email sent.
 
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