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Attorney Generals Ask Supreme Court to Overturn AR-15 and Magazine Bans
AmmoLand ^ | March 23, 2024 | Dean Weingarten

Posted on 03/25/2024 5:28:38 AM PDT by marktwain

The Idaho Attorney General has joined with the Attorney General of Indiana and 26 other state AGs or Legislatures to file an amicus brief in the case of Bevis v City of Naperville.

On November 22, 2023, the Court of Appeals for the Seventh Circuit denied the petition for an injunction pending appeal to en banc review or for a writ of certiorari to the Supreme Court. On December 20, the request for an en banc hearing is denied. On March 8, 2024, a petition asking for a stay of proceedings pending a Supreme Court appeal is granted.

The case focuses on whether the State of Illinois has the power to ban an entire class of semi-automatic firearms.

From the press release by Idaho AG Labrador:

Attorneys General Raúl Labrador of Idaho and Todd Rokita of Indiana led 26 other states in filing a brief with the United States Supreme Court challenging Illinois’ unconstitutional ban of AR-15 rifles and their standard 30-round magazines.

“This ruling from the Seventh Circuit flies in the face of the Bruen decision and the Second Amendment’s unqualified command,” said Attorney General Labrador.  “To restrict an inanimate object based on nothing more than cosmetic appearance is absurd, and the Supreme Court needs to make this right with all expediency.”

The Seventh Circuit’s decision in Barnett v. Raoul found the Illinois gun ban constitutional, holding that the plain language of the Second Amendment and the term “Arms” does not apply to AR-15s because of their militaristic appearance.  The Seventh Circuit’s decision lacks any textual or historical basis.  In fact, the arms the Second Amendment originally protected were those used in military combat.  The Seventh Circuit’s analysis bears no resemblance to the analysis prescribed by the Supreme Court of the United States.


(Excerpt) Read more at ammoland.com ...


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KEYWORDS: ar15; banglist; idaho; in
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Correction. Arizona is a Constitutional Carry state and did not join the amicus brief.
1 posted on 03/25/2024 5:28:38 AM PDT by marktwain
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To: marktwain

Attorneys General. Just sayin’...


2 posted on 03/25/2024 5:45:33 AM PDT by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: marktwain

Attorneys General, not “attorney generals.”

Conservatives need to learn the proper writing skills.


3 posted on 03/25/2024 5:47:55 AM PDT by nwrep
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To: marktwain

“Shall not be infringed”


4 posted on 03/25/2024 5:49:52 AM PDT by nagant
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To: gundog

Similarly, courts martial sted court martials


5 posted on 03/25/2024 5:50:02 AM PDT by jagusafr ( )
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To: marktwain

I’m afraid the American People are going to have to overturn them themselves. The SCOTUS has gone full left, shickenchit. They are our Bill of Rights. They don’t belong to the U.S. Government or the SCOTUS.


6 posted on 03/25/2024 6:00:03 AM PDT by FlingWingFlyer ("A Noble Heart Can Know No Ease Without Freedom.")
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To: marktwain

Here is another Second Amendment case on the issue of magazine bans winding its way through the courts. This one is in the Fourth Circuit.

“Fourth Circuit Shenanigans Should Be Called Out by SCOTUS”

https://bearingarms.com/camedwards/2024/01/16/fourth-circuit-shenanigans-should-be-called-out-by-scotus-n79441

From the article:

“In December of 2022 a three-judge panel on the Fourth Circuit Court of Appeals heard oral arguments in a case called Bianchi v. Brown that challenges Maryland’s ban on so-called assault weapons. The Supreme Court had granted cert to Bianchi in the immediate wake of the Bruen decision, but vacated the Fourth Circuit’s previous decision upholding the ban and remanded the case back to the Fourth Circuit for a re-hearing based on the findings in Bruen.

Gun owners had been waiting for that panel to release its decision for over a year, but last Friday the Fourth Circuit took the almost unprecedented step of declaring that it was taking the case en banc before the panel issued its decision. I was dealing with some of my wife’s medical issues on Friday and didn’t have the opportunity to weigh in until now, which is probably a good thing given that my immediate response to the news wasn’t exactly family-friendly.”


7 posted on 03/25/2024 6:00:34 AM PDT by CFW (I will not comply!)
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To: nwrep

Conservatives need to learn the proper writing skills.

************

I doubt many of the entire populace have made everything they
do a complete 100% perfect endeavor. But life goes on with our
attempts at making changes.


8 posted on 03/25/2024 6:00:43 AM PDT by deport
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To: jagusafr

Next you’ll be telling me it’s not “marshal law.”


9 posted on 03/25/2024 6:04:23 AM PDT by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: deport

Pursue excellence.

https://www.theologyofwork.org/the-high-calling/blog/pursuit-excellence


10 posted on 03/25/2024 6:13:14 AM PDT by nwrep
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To: FlingWingFlyer
The SCOTUS has gone full left, shickenchit.

The current Supreme Court Of The United States (SCOTUS) is the most originalist and textualist (conservative) in the last 90 years.

11 posted on 03/25/2024 6:18:05 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: nwrep

Don’t disagree. Humans aren’t necessarily the most for all
types of living but that is what we have in some form of a
dictatorship or elected controllers. JMO.


12 posted on 03/25/2024 6:25:27 AM PDT by deport
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To: nwrep
"Conservatives need to learn the proper writing skills."

Well, that leaves me out...

13 posted on 03/25/2024 6:28:37 AM PDT by unread (I pledge allegiance to the flag of the United States of America, and to the REPUBLIC..!)
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To: marktwain; All

Nobody pulling out the 14th A. blanket like the Left did w/ “g@y ‘marriage’”. ‘Our side’ merely splits hairs, the Left/Stat/Global-ists push through w/o hesitation.


14 posted on 03/25/2024 6:34:10 AM PDT by i_robot73 (One could not count the number of *solutions*, if only govt followed\enforced the Constitution.)
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To: marktwain

“...Second Amendment and the term “Arms” does not apply to AR-15s because of their militaristic appearance....”

I guess they’re giving up on the “well regulated militia” canard. It must not have been working.

EC


15 posted on 03/25/2024 6:39:41 AM PDT by Ex-Con777
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To: i_robot73
Nobody pulling out the 14th A. blanket like the Left did w/ “g@y ‘marriage’”. ‘Our side’ merely splits hairs, the Left/Stat/Global-ists push through w/o hesitation.

You are mistaken.

The McDonald decision in 2010 incorporated the Second Amendment to the states via the Fourteenth Amendment.

Most of the Second Amendment cases now in play (there are a couple dozen, I think), are mostly based on the Fourteenth Amendment.

16 posted on 03/25/2024 6:42:02 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: Taxman

ping


17 posted on 03/25/2024 7:12:25 AM PDT by Taxman ((SAVE AMERICA! VOTE REPUBLICAN IN 2024! SAVE AMERICA!))
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To: gundog

Thanks, you reactivated my twitch...


18 posted on 03/25/2024 7:28:32 AM PDT by jagusafr ( )
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To: unread

“Conservatives need to learn the proper writing skills.”

And liberals need to learn how to read and write...period.


19 posted on 03/25/2024 7:43:50 AM PDT by Bonemaker (invictus maneo)
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To: marktwain

My home state of Kansas is a Constitutional Carry state. The framers were pretty explicit:

§ 4. Individual right to bear arms; armies. A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.

It doesn’t state anything about what type of arm I can own whether it be a flintlock rifle or an M240. I think the Federal Constitution should be amended to include that verbiage.


20 posted on 03/25/2024 8:11:22 AM PDT by kawhill (kawhill)
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