SCOTUS refusal. 2nd Amendment not ‘completely destroyed.’ Illegal MS judges. More.


The US Supreme Court has refused to grant certiorari and hear an NRA challenge (Jackson et al v. City and County of San Francisco, 14-704) to a San Francisco law that requires people who store handguns at home to either put them in a lockbox or disable them with a trigger lock (but allows people to carry loaded handguns on their person at home at any time). Also included in the lawsuit was a challenge to San Francisco’s ban on hollow point bullets.

The high court refused to hear the appeal of a preliminary injunction in the case, which asked that the lower court ban the enforcement of the local ordinance in San Francisco while the case was being heard. The case itself is still to be heard by the Ninth Circuit.

Some will see the refusal to hear the appeal of the preliminary injunction as a signal by the Supreme Court to the Ninth Circuit that it is willing to tolerate more restrictions on Second Amendment rights, even in the home. In contrast, the high court’s 5-4 majority in Heller struck down the District of Columbia’s trigger lock requirement as unconstitutional.

Other cities are now lining up to enact San Francisco style laws.


The 11th US Circuit Court of Appeals has ruled that gun owners’ Second Amendment rights are not “completely destroyed” by a ban on loaded firearms and ammunition at recreation areas managed by the US Army Corps of Engineers.

The US District Court in Atlanta last year ruled that the federal government had the right to “reasonably” restrict firearms on its property.

In upholding the ruling, the 11th Circuit noted that plaintiff GeorgiaCarry made a sweeping argument in its complaint against the Corps regarding Allatoona dam property that the ban was per se unconstitutional because is completely destroyed their rights to keep and bear arms. But the justices noted in their opinion that the Corps’ firearms regulation applies only to a Corps property specifically designated for recreation. “The plaintiffs can freely exercise their right to bear arms for self-defense elsewhere, whether in the home or on the streets, without running afoul of this regulation,” the decision says, noting that the plaintiffs could camp elsewhere, where their Second Amendment rights wouldn’t be disturbed.

But the Second Amendment reads “shall not be infringed,” not “shall not be completely destroyed,” and applies nationwide. Public property is not a constitution-free zone.

The appeals ruling sends the case back to district court for an analysis that might show if the Corps’ ban is reasonable in light of potential national security concerns about the Allatoona dam itself, as well as consideration of dangers facing Allatoona visitors.


Action starting against those illegal Mississippi judges.


Cold Steel is suing CRKT, apparently because they think CRKT’s advertising falsely claims that CRKT’s knives are better. One wonders if Cold Steel reps have ever seen their own advertising.


 

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