Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘” Shall Issue ” state’

… This D.C. Gun Bill Will not Cut It [#Second Amendment]…

Posted by paulfromwloh on Sunday,September 25th,2016

.. these folks do not get it ..

.. the right ” to keep and bear arms ” is an individual right , enshrined in our Constitution . It cannot be abridged by anyone …

.. the D.C. City Council seems to think that they still can …

.. [h/t — WFB.com]..
.. [link] to the news story ..

.. they lost the court case [Palmer v D.C.] very badly . The federal judge [a part timer who is normally from N.Y. State , but who also sits in D.C.] ripped the city , the City Council , the Mayor (Vincent Gray) and Congress a brand new one . As he put it , people have a right to have a gun in D.C. …

.. a ” may issue ” bill will not cut it . It leaves far too much discretion over people ‘ s constitutional rights in the hands of the D.C. City Government . It belongs with the people , not the bureaucracy …

.. the judge could impose a ” bill , ” or he could request Congress to step in . The D.C. City Government may not get the message . Someone will have to bang them over the head to get it to them …

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… Well , They tried [#DC gun bill]…

Posted by paulfromwloh on Friday,December 4th,2015

.well , the D.C. city council passed a gun bill …

.. it does not mean that it is any good , though …

.. [h/t — WashingtonFreeBeacon.com]..
.. [link] to the news article ..

.. they did pass a bill , and DC mayor Vincent Gray has indicated that he will sign it … it is the subject of a court case , though , and that is where the problems start …

… more to come …

–[update]– they  have created a process that has basically left it virtually impossible for anyone to get a gun to carry on the streets of the District . Where the Court decision [Palmer v DC] set it , that was not what the District Court had in mind ….

.. there is likely to be  more court action on this case . I will guarantee  it . Also , the new Congress will be keeping a  e eye on  this case , without a doubt . If the D.C. Circuit tries to ” screw around ” with the original case , once it hits the appeals level , then it is my expectation that Congress will step in and legislate a solution on its own , no matter how much the D.C. City Government screams bloody murder …

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… Excellent News [#Peruta v Cty of San Diego]…

Posted by paulfromwloh on Monday,November 2nd,2015

.. I thought that the State of California would try to pull this stunt ..

.. what I was thoroughly surprised at was that the Full 9th Circuit dismissed their antics ….

.. [h/t — TruthRevolt.org]..
.. [link] to the legal opinion // news …

.. the state never thought or realized that San Diego County would not challenge the case , or the original ruling . When the County stood down , the state screwed around and did nothing …

.. now , the State of California tried to intervene . It realized that the Peruta ruling applied to the entire state , as well as the state of Hawaii [the 2 states in the 9th Circuit] . They would then become a ” shall issue ” state when they did not intend to do so …

.. the full 9th Circuit shut the State of California down . As much as they may have agreed with the State [philosophically] , procedurally , the Circuit knew that the State royally screwed up and did not challenge the decision when they should have . Now , they are stuck with the decision …

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… Earth to D.C. [#pro gun rights]…

Posted by paulfromwloh on Thursday,August 7th,2014

.. what part of Palmer v DC do you not understand ? ..

.. from the initial flurry of news out of the District , it appears they need to have someone hit them upside the head with a baseball bat in order to get the message …

.. [h/t — TruthRevolt.org]..
.. [link] to the news piece ..

.. it appears that the D.C. City Council is filled with a bunch of anti – gun rights radicals . Some are as bad as the Chairman of the Council Judiciary Committee , who is as bad as it gets ..

.. it also appears that D.C. is going to follow the example of New York Stae and New York City . that State is infamous for its Williams Act , which is basically a ” may issue ” measure . That will not fly here . The Williams Act is notorious for being next – to – impossible to get a gun permit …

.. if you follow the text of Palmer , you will see quotes from Heller , McDonald , Moore v Madigan , and Peruta v Cty of San Diego . That makes it a very , very strong pro – gun rights ruling . It makes Palmer a ” shall – issue ” ruling , in all likelihood . If the D.C. City Council does not get the message , someone else just might do the drafting . Say , like Judge Skilling himself , or Congress . His Lordship would just love that …

..Further research on Judge Skilling shows him to be a moderate conservative . He is familiar with the District , contrary to popular belief . He served for many years on the Foreign Intelligence Surveillance Court [or , F.I.S.C.] , and sat for many cases on the D.C. bench . That is how he got Palmer , due to the game – playing by the judges on the D.C. bench ..

.. there is obviously more to come on this dandy . Stay tuned ….

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… Hawaii is Now a ” Shall Issue ” state …

Posted by paulfromwloh on Friday,March 28th,2014

.. for now , at least ..

.. the 9th Circuit is going to want to get its hands on this case , too . It was handled by the same panel of appeals judges that heard Peruta v Cty of San Diego . This case (Baker v Kealoha) hits one of the toughest states in the country , and by far the toughest state in the West for gun rights …

.. with the gun rights case in the ease in New Jersey (Drake v. Jerejian) now on the U.S. Supreme Court docket , the appeals judges on the 9th Circuit are blocked from trying to do anything , especially anything funny . The Supremes keep their eye on the 9th Circuit for a very good reason ‘ normally it is because of their antics on death penalty cases . In this case , it is a different subject area , but the same habit …

.. [h/t — NationalReview]..
.. [link] to the blog post ..

.. trust me , the Dems in Hawaii are not going to like this one bit . If it were a state issue , then there could be impeachment proceedings against the state supreme court judges . Alsas , for them , they are federal appeals court judges , so they cannot be touched..

.. I am willing to bet that this case was targeted at a county , as it was in California . It would force the statewide folks [the Governor and the AG] to keep their hands off of the case , and force the county Prosecutor to deal with it on his own … Nice tactic , and smart . It effectively forces ” shall issue ” on Hawaii through the backdoor …

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