barnbwt
member
- Joined
- Aug 14, 2011
- Messages
- 7,340
Murphy v. CNMI
It would appear the first challenge to the end-run around the recent strike-down of the Northern Mariana Islands' outright firearms ban is not going so well...for the state
Somewhat of a mixed bag, but pretty good considering the recent outright ban;
-Endorses registration of owners
-Endorses safe-storage when not being carried
-Endorses hi-cap mag bans (albeit with self-contradictory logic that this is only justified since it significantly reduces criminal activity; a very easy layup)
-Tosses firearm registration (no sound rationale)
-Tosses caliber & AWB bans for lack of evidence (but not hicap mags :strictscrutiny
-Tosses outright ban on carry/transportation as 'completely destroying the right to self defense'
-Tosses the $1000 'excise tax' imposed as an attempt to destroy the right
https://docs.justia.com/cases/federal/district-courts/mariana-islands/nmidce/1:2014cv00026/4687/109
Very interesting conclusion, considering how it flies in the face of 100 years of NFA 'jurisprudence' in a number of areas;
-200$ excise tax
-50 caliber restriction regarding Destructive Devices (and/or shotgun/rifle differentiation)
-Machinegun registry/NFA registries
-The SBR/SBS/AOW definitions are very analogous to Assault Weapon Bans in concept (and in the opinion, forward pistol grips are explicitly mentioned)
There's also a whole slew of good quotes & soundbites as well. Not perfect by any means, but a lot of good stuff, here. I'm sure it'll all be overruled when the 9th (right?) gets to look at it, but whatever.
TCB
It would appear the first challenge to the end-run around the recent strike-down of the Northern Mariana Islands' outright firearms ban is not going so well...for the state
Somewhat of a mixed bag, but pretty good considering the recent outright ban;
-Endorses registration of owners
-Endorses safe-storage when not being carried
-Endorses hi-cap mag bans (albeit with self-contradictory logic that this is only justified since it significantly reduces criminal activity; a very easy layup)
-Tosses firearm registration (no sound rationale)
-Tosses caliber & AWB bans for lack of evidence (but not hicap mags :strictscrutiny
-Tosses outright ban on carry/transportation as 'completely destroying the right to self defense'
-Tosses the $1000 'excise tax' imposed as an attempt to destroy the right
https://docs.justia.com/cases/federal/district-courts/mariana-islands/nmidce/1:2014cv00026/4687/109
Very interesting conclusion, considering how it flies in the face of 100 years of NFA 'jurisprudence' in a number of areas;
-200$ excise tax
-50 caliber restriction regarding Destructive Devices (and/or shotgun/rifle differentiation)
-Machinegun registry/NFA registries
-The SBR/SBS/AOW definitions are very analogous to Assault Weapon Bans in concept (and in the opinion, forward pistol grips are explicitly mentioned)
There's also a whole slew of good quotes & soundbites as well. Not perfect by any means, but a lot of good stuff, here. I'm sure it'll all be overruled when the 9th (right?) gets to look at it, but whatever.
TCB
