Overturning Gun Laws


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redranger1
June 16, 2006, 09:44 AM
My dad and i was talkin bout the superior court overturning the san fransisco handgun ban and what might happen if it made it to the supreme court. It is very unlikely since the supreme court refuses to hear and 2nd amendment cases. But im wondering if one ever did make it to the supreme court would the supreme court be able to rule on that specific case w/o effecting any other gun laws such as the GCA and NFA. Or would they have to effect all gun laws thus being he reason they have never taken on a 2nd amendment case. In any case i do have more hope with the new justices on the bench that a 2nd amendment case will be heard in the near future.

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Henry Bowman
June 16, 2006, 10:30 AM
But im wondering if one ever did make it to the supreme court would the supreme court be able to rule on that specific case w/o effecting any other gun laws such as the GCA and NFA. Or would they have to effect all gun laws thus being he reason they have never taken on a 2nd amendment case.The Supremes would only officially rule on the case in front of them. The decision may also include dicta, opinions expressed by the court or individual members in the decision that indicate how they would look at other issues that are beyond the four corners of the case before them. The decision could also have a domino effect on other laws in other states or federal laws. For example, the Roe v. Wade decision was only as to that case, but many others laws either fell or were rewritten in response to it.

Pilgrim
June 16, 2006, 12:18 PM
It is unlikely the U.S. Supreme Court will involve itself in the San Francisco handgun ban until all state remedies have been exhausted and one of the parties involved claims an issue that is worthy of being addressed in U.S. District Court. Then, the case will have to wind its way through the federal appeals system before being looked at by the U.S. Supreme Court.

San Francisco tried a handgun ban back when senator diane was mayor diane. It was stricken down in the CA courts as violating state preemption over firearms control. Then, the ban was passed by the city/county board of supervisors. Apparently the BOS decided that if the city voted for the ban in a general election, and it didn't apply to non-residents, it would survive judicial review. It didn't.

I'm pretty sure you won't see a U.S. Supreme Court 2nd Amendment case until some government agency attempts an outright ban of firearms.

Pilgrim

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