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State of Virginia named defendant in latest Gura lawsuit on DC Gun Ban

Thundar

Thundar

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This lawsuit is brilliant.

Eric Holder will have to defend a law whose authority comes from the interstate commerce clause (regulation of interstate commerce) but which actually prohibits interstate commerce and requires intrastate commerce.

Now that the 2nd A applies to the states via the 14th, state laws which prohibit free trade will have a hard time surviving in Federal Courts.
 
ixtow

ixtow

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I like their angle.

Instead of attacking the ban on Gun Shops, they attack the Interstate Commerce Scam. The NICS invention being turned against them, requiring Interstate Commerce while prohibiting the same...

Indeed, I like this. Brilliant way to land on it.
 
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Thundar

Thundar

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Joined
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Messages
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Newport News, Virginia, USA
ixtow said:
I like their angle.

Instead of attacking the ban on Gun Shops, they attack the Interstate Commerce Scam. The NICS invention being turned against them, requiring Interstate Commerce while prohibiting the same...

Indeed, I like this. Brilliant way to land on it.
Click to expand...

I am glad you see it that way as well.

The other thing I like about it is there will be great infighting amongst the gun grabbers. California has a scheme where out of state dealers can ship into CA but need CA permission first. DC would be very opposed to this. Could you imagine a CA brief that supports Gura?
 
Thundar

Thundar

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14th A does not applyto DC, only to states, but GCA 1968 says DC is a state, so will 14th A due process apply to DC with respect to GCA?

DC can't have it both ways (treat like a state with due process for gun rights in DC, or out - no GCA for DC)

Lots of big land mines for DC.

Imagine due process claims in the 2nd Circuit, where there are no 14th A precidents. What a magnificent playground for Gura!
 
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ixtow

ixtow

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It's brilliant. I had to say it again. the Lefties have made-up all kinds of red-tape regulations without bothering to think it through. How is this new? It's not. But what is new is seeing them get tangled in their own web of horseshit. They're usually untouchable no matter what evil they do.

Of course, it hasn't been ruled on yet....
 
Thundar

Thundar

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Preliminary Injunction Hearing on Friday 15 July

Going in front of the Fedeal District Judge on Friday in Alexandria for the preliminary injunction. Right now it appears the Dist of Columbia and Holder have missed the 8 July deadline to file their objection to the preliminary injunction.

Anybody going to the court on Friday?

Link here:http://ia700608.us.archive.org/34/i...d.265997/gov.uscourts.vaed.265997.docket.html
 
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