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I don't think so, the way the law is written is a defacto ban on those firearms, a good lawyer could easily argue this point.
Looking to the courts to solve every issue of the gun control debate at this point is useless. We have the right, now we need to get state legislatures to grasp the reasoning and act accordingly.
That's the basic idea, but much to the lawyers delight the devil is in the details...It sounds like any perceived violation of our 2A rights, even at a local level, would mean that it's now a civil rights violation and immediately becomes a Federal case to be tried in Federal Court.
That's a big benefit to us as we now do not have to deal with the Commie Mass Courts and their belief system.
But, what do I know.........IANAL....and probably wrong.
In MA we have no choice Bill. The legislature will not do anything unless their hand is forced. The only way to do this is with the courts- whether by actual legal action or a very large implied threat of legal action. The only way legislation would get passed is if the legislature feels threatened-. EG- get them to believe the "devil" they know (something like H.2259, etc) is a lot better than the devil they don't know (a federal court blowing away one of their precious laws and declaring it completely invalid). It all depends on how virulent they are. It remains to be seen if they will learn anything from DC and Chicago's recalcitrance. I doubt they will- the veins of idiocy and inherent dumbness in the anti gun realm run very deep.
-Mike
The under 21 crowd will still face some degree of discrimination even in the best case as the Feds already trample on them with handgun purchasing (if not possession 18 or over).A couple thoughts:
- Will we still need FID's for the under 21 crowd?
- I've never understood what handguns are allowed with an LTC-B. I understand the notion of high-cap, but in general can't all semi-auto handguns carry more than 10 rounds with the proper magazine? Does that then mean that someone with an LTC-B is unable to purchase a semi-auto handgun? if so, is that a reasonable restriction under McDonald?
Just thinking out loud.
Rich
The under 21 crowd will still face some degree of discrimination even in the best case as the Feds already trample on them with handgun purchasing (if not possession 18 or over).
So, I would not be surprised, particularly as FID is already "shall issue". If our tiered licensing survives, I would not be surprised if the under 21 crowd in this state finds themselves with a "less equal" license.
- I've never understood what handguns are allowed with an LTC-B. I understand the notion of high-cap, but in general can't all semi-auto handguns carry more than 10 rounds with the proper magazine? Does that then mean that someone with an LTC-B is unable to purchase a semi-auto handgun? if so, is that a reasonable restriction under McDonald?