Nationwide call to action: Amend/Repeal/Challenge Constitutionality of 1986 FOPA - Page 4

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Thread: Nationwide call to action: Amend/Repeal/Challenge Constitutionality of 1986 FOPA

  1. Hear-Hear!

    Let's not have any more gun classes banned by attrition or any other overt or covert action!

  2.   
  3. #32
    Quote Originally Posted by C&R FFL View Post
    Hear-Hear!

    Let's not have any more gun classes banned by attrition or any other overt or covert action!
    KEY is... Not just type or class of firearms... but type/class of weapon...

    Neither Heller/McDonald said that weapons such as billy-clubs, black-jacks, Nunchaku's, switchblades, knives over 3-4 fingers long etc., could not be banned and many cities do...

    they think they can ban baseball bats & 2x4's they way they are going...

    "The people never give up their liberties, but under some delusion." - Edmund Burke

  4. We need to keep this thread going. I jumped over from another forum (PAFOA) and agree with the way we should all address this. If we get a case in a majority if not all the Circuits in the USA at the same time it will force the hand of the Supreme Court to address the situation since precedent does not exist in a majority of the circuits. I'll be willing to file in the 3rd District in Eastern PA.
    The time to get this done is now as elections are coming in less than a month and more seats will be won by Pro-2A politicians and because we have a 5-4 Majority in the Supreme Court which may change any day if one of the Justices dies or resigns. Obama would then most likely appoint another Liberal anti-gun Justice therefore taking majority in the Supreme Court on 2A issues. Some of the Pro-2A justices were appointed by Regan meaning they are getting up there in age so rather than wait I say we hope on begin to file these Form 4s so we can get the wheels turning because if Obama can appoint another Liberal to a seat in the Supreme Court who rules on "feelings and beliefs" rather than the Constitution we'll surely be fighting an uphill battle. Whereas if we keep the momentum from such things as DC v. Heller and McDonald v. Chicago we have the opportunity to make a real "Change" that we all want.

  5. Any news or updates to this??

  6. Who wants to be the guinea pig?

  7. #36
    Quote Originally Posted by Midnight View Post
    Who wants to be the guinea pig?
    We are not ready yet...

    It needs to be a simultaneous filing...

    Will coordinate via p/m once we have all the districts covered...

    Winning Senate & House Majority’s this November 2nd will give us further weight...

    So the immediate focus needs to be getting every registered voter to the polls November 2nd or take advantage of early voting...
    Get as many people as you can rides to the polls…

    Support Freedom & American Citizens First...

    FIRE CONGRESS, NO RINOS, NO DEMOCRAPS, NO LIBERALS, NO PROGRESSIVES, NO SOCIALISTS, NO MARXISTS, NO COMMUNISTS ETC...

    "The people never give up their liberties, but under some delusion." - Edmund Burke

  8. Quote Originally Posted by Bohemian View Post
    We are not ready yet...

    It needs to be a simultaneous filing...

    Will coordinate via p/m once we have all the districts covered...

    Winning Senate & House Majorityís this November 2nd will give us further weight...

    So the immediate focus needs to be getting every registered voter to the polls November 2nd or take advantage of early voting...
    Get as many people as you can rides to the pollsÖ

    Support Freedom & American Citizens First...

    FIRE CONGRESS, NO RINOS, NO DEMOCRAPS, NO LIBERALS, NO PROGRESSIVES, NO SOCIALISTS, NO MARXISTS, NO COMMUNISTS ETC...
    I agree with you on the fact that having Majority in the House and Senate will help up. But when we file the suits in the districts they will most likely go to the Appellant Court of that circuit. It's when the US Supreme Court sees the same claim being brought in the lower Federal Courts below it and will almost have to address the claim via a writ of certiorari (the ability to be heard in the Supreme Court.) But when it comes down to it the Supreme Court will have the final say. Currently there is that 5-4 majority in favor of the 2nd Amend.
    After the Supreme Courtís ruling the Senate and Congress can address the issues and make new legislation but if the US Supreme Court rules the current bans and restrictions are unconstitutional then we will be free from the political tyranny of such legislation. Some of the Justices are older and if one of the traditionally Conservative Justices retires or dies while Obama is in office we will most likely lose the Majority which is why I would think the time is now.
    I understand we would want all 11 Circuits of the Federal Court System. I know the Senate and Congress can block the incoming Justice nominations, but after all Clarence Thomas did he was still admitted to the Supreme Court. If we lose majority in the Supreme Court we may not have a fighting chance for another 15-20 years. I donít mean to sound pessimistic; Iím just very enthusiastic about this issue. I know that with the current momentum of the Supreme Court upholding the 2nd Amendment we can assure our Rights will never be trampled on again.

  9. #38

    Leverage is key...

    Here's the thing...
    1. We need to make sure that we have all districts covered before we file concurrently...
    2. Ideally that filing will be after November 2nd, 2010 or the 1st week in January when the new Congress starts and we have Senate & House majorities...
    3. The November 2nd Victory is not mandatory, but it is the most desirable, hereís why... when the new congress gets wind of the simultaneous filings in all districts of the constitutionality of something that was passed by congress previously in a very underhanded manner; (IMHO) they are going to be very motivated to expedite righting that wrong, and get a GIANT feather in their cap's from the get go... making the further pursuit of the pending case(s) mootÖ (We win without a fight, and a lot of people get their lives back).
    4. Failing a November 2nd victory an expeditious filing in all districts is very much in order; and our fate will lie in the hands of the current sitting 5-4 majority in SCOTUS.
    5. Getting Congress to fix this f-up is the most desirable route, but we need leverage to jump start congress... NOVEMBER 2ND IS OUR LEVERAGE...

    "The people never give up their liberties, but under some delusion." - Edmund Burke

  10. I agree it was passed in a seedy way. I think Congress will be focused on the major issues like the economy this coming January. I like the idea of almost forcing their hand into correcting their mistakes but then we are challenging the validity of the Hughes Amendment. I think the Supreme Court would be a more permanent solution because what's to say down the road that (God forbid) we have another liberal majority in the house and senate. They could then pass as many anti-gun laws as they wish. Whereas the Supreme Court has the final say and is the final Law of the Land.
    Our goal should be to end these intrusions on our rights and prevent future legislative branches from passing similar legislation. With the opinions in Heller v. DC and McDonald v. Chicago the Supreme Court has disregarded the Slaughter House cases, basically saying that the 14th Amendment applies to the entire Bill of Rights. This is the basis for our argument. Even after McDonald v. Chicago the Supreme Court said that there were many 2nd Amendment rights that still need to be addressed/challenged because of these new rulings. I don't want to say they are asking for it but it sounds like the Supreme Court has opened a window for 2A supporters to challenge many firearms restrictions under the Due Process Clause of the 14th Amendment.
    I donít mean to sound like I am disagreeing with you or trying to start an argument. I just want to assure we have the best shot at defeating these violations of our 2nd Amendment. I feel that our best shot at a more permanent solution is in the Supreme Court because rarely do they overrule precedent especially on Constitutional issues.

  11. #40
    Quote Originally Posted by PAGunner View Post
    I agree it was passed in a seedy way. I think Congress will be focused on the major issues like the economy this coming January. I like the idea of almost forcing their hand into correcting their mistakes but then we are challenging the validity of the Hughes Amendment. I think the Supreme Court would be a more permanent solution because what's to say down the road that (God forbid) we have another liberal majority in the house and senate. They could then pass as many anti-gun laws as they wish. Whereas the Supreme Court has the final say and is the final Law of the Land.
    Our goal should be to end these intrusions on our rights and prevent future legislative branches from passing similar legislation. With the opinions in Heller v. DC and McDonald v. Chicago the Supreme Court has disregarded the Slaughter House cases, basically saying that the 14th Amendment applies to the entire Bill of Rights. This is the basis for our argument. Even after McDonald v. Chicago the Supreme Court said that there were many 2nd Amendment rights that still need to be addressed/challenged because of these new rulings. I don't want to say they are asking for it but it sounds like the Supreme Court has opened a window for 2A supporters to challenge many firearms restrictions under the Due Process Clause of the 14th Amendment.
    I don’t mean to sound like I am disagreeing with you or trying to start an argument. I just want to assure we have the best shot at defeating these violations of our 2nd Amendment. I feel that our best shot at a more permanent solution is in the Supreme Court because rarely do they overrule precedent especially on Constitutional issues.
    Actually WE THE PEOPLE are the Ultimate Authority/Law of the land...
    SCOTUS usurped the Right of Judicial Review and has yet to be called on it...

    Further, when SCOTUS declares congressionally passed legislation unconstitutional, they often immediately go back and re-word it to get around the applicable ruling... as they did with the original So-Called Gun Free School Zones & Other Purposes Act...

    Additionally, as the Gun Ban Mayors of D.C. & Chicago have done in the face of the two big SCOTUS decisions in 2008-2010...
    Effectively making them not worth the paper they are written on because the scope was too narrow and left ambiguous...

    Until they say nothing more can be read into "SHALL NOT BE INFRINGED" and it means what it says, our first choice should be Congress, 2nd Scotus, to avoid mudding up the waters even further then they are now...

    Remember, Remember, The Second of November 2010... (Early Voting starts all over the country today)
    Take back the Republic...

    "The people never give up their liberties, but under some delusion." - Edmund Burke

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