Mark in California
Member
When the Assault Weapons expires, why should this not have an impact in California? Remember all the court challenges took place with Clinton ban in place. This might have been important because the Federal Law could have some effect of how the Federal Courts looked at he California’s bans in the light of the Federal bans also being in place.
As it is the 5th and 9th Courts of Appeal disagree on the 2nd Amendment.
When the AWB expires, this nullifies all Federal Court precedence in this area because the law has been repealed. What was once illegal behavior has now become legal behavior.
Would this not now open the door to new appeals to the California Assault Weapons Bans because the federal assault weapons laws have been repealed and the court can no longer refer to them in looking to California’s Assault Weapons Bans and the Constitution.
Could not older cases be revived because of this change? Could this not give the courts reason to allow firearms cases to be re-opened because there has been a major change in Federal Law
As it is the 5th and 9th Courts of Appeal disagree on the 2nd Amendment.
When the AWB expires, this nullifies all Federal Court precedence in this area because the law has been repealed. What was once illegal behavior has now become legal behavior.
Would this not now open the door to new appeals to the California Assault Weapons Bans because the federal assault weapons laws have been repealed and the court can no longer refer to them in looking to California’s Assault Weapons Bans and the Constitution.
Could not older cases be revived because of this change? Could this not give the courts reason to allow firearms cases to be re-opened because there has been a major change in Federal Law