California is going after makers of repair kits, notes Dave Hardy. I really think at some point we’re going to need pre-clearance for some states, like we’ve had for the voting rights act. Congress needs to being these states into line. Most civil rights in our history haven’t been all that well protected by the courts. I has often taken congressional enforcement to actually do most of the heavy lifting, and I think some of these states may, in fact, require something like that. Just look at how hard it was to drag the Illinois legislature kicking and screaming in the face of a court order to modify their unconstitutional law?
12 thoughts on “Because People Might Repair Evil “Assault Weapons””
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Never going to happen. Unless the Supreme Court is willing to strike down one of the more recent complete AWBs, this kind of stuff is going to continue to take place. We need two things from the Supreme, neither one of which I think are very likely: 1) Strict scrutiny standard for the 2nd amendment, and 2) “Assault Weapons” are in common use per Heller, therefore all AWBs are unconstitutional.
And if the common use doesn’t count then a lot of Heller is a dead letter.
Because if being the most popular rifle in the US doesn’t count as common use…
Congress is SUPPOSED to do the heavy lifting. Actually, they’re supposed to do all of the lifting! Section 5 of the 14th amendment gives Congress the power to enforce provisions of the 14th amendment, not SCOTUS. SCOTUS is just supposed to police the boundaries of what Congress can do in that regard, not strike down state laws directly. As an example, the Voting Rights Act (passed by Congress) places restraints on the States, and SCOTUS has a power to determine if those restraints are within their power to impose. But SCOTUS should not properly have any power to impose similar restraints on their own, absent Congressional action.
Why can’t anybody seem to understand this? It seems pretty clear to me… what am I missing here?
No, SCOTUS can strike down STATE laws that interfere with the federal constitution. Which is how they do 14th Amendment rulings (among other things).
That’s because the Constitution is the supreme law of the land, and any purported law or regulation contrary to is is null and void, as if it never existed. . .
And yes, I realize that my understanding of the 14th amendment doesn’t leave McDonald intact. But I believe it’s the true original intent of the ratifiers.
You are not alone. I for one am inclined to agree with you.
Sincerely, Arnie
And we need not necessarily agree that this is the best way to secure our rights within the states. But I think any honest person, looking for the truth wherever it might lead, will come to the same conclusion we have on this.
Read both Raoul Berger and Michael Kent Curtis. I think Berger mops the floor with Curtis.
I shall do so. Thank you, sir!
In this 2005 letter, the CA DOJ explicitly opined that it was legal to import repair kits for the purpose of repairing “large-capacity” magazines, or manufacturing magazines of 10 rounds or less.
The suit by the SF City Attorney is nothing more than an attempt to legislate by intimidation.
I’m having a similar problem with my car, here in CA. I have a 49 state car (Federal smog standard). IIRC, at some point years ago, the courts told CA that they couldn’t forbid used cars from being registered here.
Well, they have figured out how to get rid of them after the fact. Ban the sale of federal level replacement smog parts. Can’t even order from out of state, it seems. I need to replace the cat convertor. They tell me I must install the CA part, that the car wasn’t set up for, and costs 3x as much, and will probably kill the gas mileage with increased backpressure in the exhaust. That will do wonders for the turbo, I’m sure!
Not to mention that for some vehicles, they have jacked around with the specs the vehicle must meet. Where the hell do they get the right to change the specs the vehicle was designed to meet? AFAIK, they have been removing all carb equipped vehicles from the road by this method.
The only solution in CA is to change your elected officials. I hope that you start with your two senators in that they are doing damage to the rest of the country.