Thursday, June 30, 2022

SCOTUS to Lower Courts Re: 30,000 2A-Infringing Gun Laws: Re-think, and Unf*ck Yourselves

 h/t Herschel

When a volcano, pent up since 1934 and earlier, finally blows, the volcanic sh*tstorm blows flaming hunks of rocks and lava for miles, and frequently for days.

Thus with the landmark decision last week in NYSRPA v. NYFSDouchebags.

Multiple Circus Court rulings, particularly from the long-rogue Ninth Circus, have been vacated by SCOTUS and remanded back for a re-think in light of the Court's recent ruling.

IOW, "Nice try. But NO. Fix this crap ASAP, or pull your pants down for a harsher lesson involving welts."

Which means multiple parties suing against multiple carry, magazine cap, and AWB bans are going to spread federal Judge Benitez' favorable rulings on a kaiser roll, and hand them back to the Ninth Circus, to let them enjoy the sh*t sandwich of choking them down, after finding them consistent with Thomas' SCOTUS dicta in every respect.

And thus mag and AWB bans will go the way of the dodo and the passenger pigeon, and the rights of citizens in 9 western states will return to the hoplophilic equilibrium enjoyed by most of the rest of the country.


Click over to The Captain's Journal for the particulars and linkies.


Oh, and FTR, we've (and I'm not speaking editorially, either) kept careful note hereabouts of companies who were our hard-times friends during the rough patch, from 1989 to last Thursday, and also those who instead left skidmarks, cock-a-doodle-dooed, and shat on us from a great height, when they didn't have to do so. Trust me when I tell you the marketplace retribution against the fucktards responsible is going to be biblical, from the 10% of the gun owners in America just in Califrutopia. More than a couple of companies are going to be Zumbo'ed here, in perpetuity. ZFG, and no excuses accepted.

RELATED: Deninger on SCOTUS handing the EPA a serving of their own @$$es off the same menu, for gross legislative overreach. This could be bigger than Dobbs overturning Roe. 

Divemedic shares that opinion.


Dan said...

Don't anyone start making plans based on the SCOTUS ruling. You can bet the farm that the commie left and the masses of complicit black robed pirates at all levels of the judiciary will ignore the ruling for as long as they can get away with. And since the Executive Branch tasked with enforcement of judiciary rulings is even MORE corrupt than the courts it will take decades to see any meaningful change in places like Kali and New York.

Aesop said...

Actually, the Cali AG, choking down the bile, told multiple "may issue" counties their schemes wouldn't pass muster within 12 hours of the ruling in NYSR&PA, and the machinery is already cracking open wider by the minute. The D.A.s and their minions know when they've had their asses handed to them.

The legislature will try stupid shit, for certain, but that should now get shot down like clay pigeons in light of last week's ruling, and future attempts will start coming back in their faces with civil lawsuits attached.

Anonymous said...

should take at least 6 months to gain traction

5stonegames said...

No guns are useful of necessary, caveat you are in custody of the state or on some state property or private property where the moron said nyet . This means Freddy Felon after he has finished a reasonable parole. If he can't stop criming stretch his neck or lock him up to taste

JL said...

"Trust me when I tell you the marketplace retribution against the fucktards responsible is going to be biblical, from the 10% of the gun owners in America just in Califrutopia."

I'm gonna go out on a limb here and guess that Dick's Sporting Goods is somewhere near the top of that list.

Ron Robot said...

Are you unaware of plans in NewcommieYork to make all concealed carry in all places illegal, unless there is a sign on the door specifically allowing concealed carry? "OK, you got your permitted weapon, you just can't carry it anywhere."

Anonymous said...

wasn't it the California AG's office that released the info on all CCW holders in the state "in error", or "by accident" or some such bullshit? Coincidence, I'm sure.
Original Grandpa

5stonegames said...

I should add the word "should include" there is no certitude probably little likelihood it will happen but getting rid of the need for background checks will prevent back door registration.

Fr those few not allowed arms, the parole officer or guard can handle it. Cheaper and simpler in my book

Baddog said...

This reform has significant implications throughout the System, and many indeed in certain non-congressional "rule making" entities.

John Wilder said...

Yup, the EPA case is BIG. The three-letter agencies just start making rules based on whatever is "happening now" even though those rules would in no way be supported by the original law. It's the same thing as the perversion of the courts in order to get what they wanted when Congress wouldn't pass or the President wouldn't sign.

Big neuter on the three letter kids and the administrative state.

Anonymous said...

As the old saying goes, “From your lips to GOD’s ears”. My adopted state, SloJoe’s home base, just passed a slew of stupidity. Of course it was done late at night and immediately brought before the nonentity gracing our governor’s mansion for his servicing. The GOA, NRA-ILA, and Delaware State Sportsmen’s Association are already in preparation of lawsuits and since these are in direct opposition to the state constitution, (and apparently quite poorly written) it should be easy to strike them down.


Anonymous said...

Murphy in N.J. seems to think he has the answer. Expand the list of sensitive places and have a law that requires permission from every private property owner to enable licensed carriers to enter or else it will be a felony

Aesop said...

Read the opinions of Thomas, et al. Attempts to declare everywhere "protected" or "sensitive" will be considered de facto unconstitutional and moot from the get-go.
And the hint with all those "remand/vacate/review" cases is that the next round of judicial spankings will be conducted with nail-studded paddles.

Fucking with SCOTUS on this will inevitably lead them to adopt their own "nuclear option": they'll take up another gun case, and simply rule virtually all gun laws prima facie unconstitutional, and let the states try to fuck with that.

Three cases in 15 years, after not having to screw around with the 2A since the 1930s tells me the Supremes are growing tired of dealing with this issue, and not a little bit pissed they have to repeat themselves.

I'm hoping they show the Fourth and Fifth Amendments some of that strict scrutiny love next session, and we can start taking apart the Patriot Act, no knock warrants, asset seizure, etc.

Anonymous said...

Dick's is. And Dick's are.

pyrrhus said...

This is almost unprecedented, since the Court has historically done a very poor job of enforcing its rulings...e.g. the Beck ruling...Clarence Thomas is on a roll to be the greatest Justice in the last 150 years, and breathing fire...

Anonymous said...

Technically that is the case in Texas. I have no problem with it. Those that desire it have free exercise to the sanctity of their property. And of course I have the option to dispose of my worthless USD elsewhere.

Termite said...

"... and we can start taking apart the Patriot Act, no knock warrants, asset seizure, etc."

Please, dear God, let this come to pass...

Anonymous said...

Exactly. It’s not “oh gee, oh no, the USC said it’s wrong so we’ll quit now!”

Marty said...

A word about that photo. It was taken right after the court's initial vote on Roe v..Wade.

Marty said...

In his letter he goes into the so called morals clause, and basically tells the sheriffs to do deep dives into a person's morals.
He basically said that the court allowed the states to continue using the other methodologies that they had in place. And Kavanaugh said as much in his concurrent option, he out laid other legal methods, such as mental health issues. But Kavanaugh didn't mention morals clause.
And if they do broadly implement that clause they will lose in court, under its current configuration, no other.constitutional right, and in no other state is a constitutional right dependent upon person's mortality

Glypto Dropem said...

@Dan: the typical ploy, like what NY tried to pull, is to tweak the law in question to try and make the original aspects of the lawsuit moot making a ruling unnecessary, but still as bad an infringement. Or they'll simply ignore the ruling because just who is going to enforce it?

Commies gonna Commie... unless they are met with extreme violence or deadly force.

Aesop said...

As I noted, The Supremes have a Nuclear Option too.
It obviates all that tap-dancing, and they've got the votes to use it if pushed.
And they're tired of being pushed.

Anonymous said...

I'd like a list of every last company I should never hand cash to again. Who should I avoid?

Mr Darcy said...

There are no political solutions.

There are no judicial solutions.

And it should not be necessary for me to point that out to readers of this site of ALL places!

You--all of you--are underestimating the enemy.

Fatal mistake. And foolish.

Anonymous said...

Yes it certainly was the California AG‘s office that committed that horrendous act. Accidental? Not a chance. Such a coincidence, just a couple of days after the supreme court ruling in the Bruen case, stretches the definition of “coincidence“ to the breaking point.
The AG published the names, addresses, email addresses, drivers license numbers, and other personal information of every concealed carry permit holder, firearm safety certificate holder, and anyone who purchased a gun in the last 20 years (therefore was on the state gun registry). Basically, almost all gun owners in the state were doxxed — by the state!!

Borepatch said...

If you're going to do morals clause, let's talk about gay marriage.

Heck, I'm a libertarian and I'm sick of Pride Month.

Unknownsailor said...

NY assembly passed that cant-carry-anywhere abomination, it's headed to that ditzy bitches desk, if she hasn't signed it already. If there aren't a dozen lawsuits seeking immediate injunction over that by tuesday, I'd be surprised.
CA assembly is working on a very similar bill right now, and it will probably be on Newsome's desk by Friday next week.

I would find it highly ironic if the USSC decided to nix both NY and CA concealed carry license laws as a result of this, and left both states Constitutional carry states. Remember that Roe got repealed because Democrats kept fighting for abortion all the way to full term viable births, and that fight wound up in federal court. I would not be surprised to see their spittle flying zeal with gun laws to come around and bite both butt cheeks of their ass off, yet again.

C said...

I highly doubt this will kill the NFA. Too many traitors within our ranks will knife us in the back before losing a single dollar. Especially MG and Combloc investors.

Aesop said...

@Anon 01:30P,

It was not the AG, it was the AG's office. Some cheesedick minion there with database access, undoubtedly pissed about the NYSR&PA decision, to be sure.
But the list included LEOs and judges, and that person or persons will be dealt with severely, in the end, on that basis.
Not by the worthless hoplophobic Dem AG (but I repeat myself), but by those same LEOs and judges.

I expect no change on the NFA or the GCA, anytime soon. Yet.
Carry restrictions, AWBs, and mag bans? Whooo boy, you betcha. With a vengeance.

Take your wins where you get them.

Aesop said...

@Mr. Darcy,

To believe what you typed, I'd have to assume this was your very first visit hereabouts.
Rethink your conclusion, and get back to us.

C said...

It's great news for you guys in occupied territory. It's not a huge win for me until the registry is open again for MGs and/or we ax all the damn import bans we've got. You've got a point though. Better small victories than a massive defeat.