This is an outcome that I disagree with.
This was a 7-2 option in favor of the state (the bad guys).
Thomas wrote a great dissent, I agree with him about the correct outcome.
Alito did a better job of explaining why the court got it wrong.
— Bondi v. Vanderstock, Alito dissenting
Emphasis added.
Facial challenges that require the Salerno test are the most difficult to win. The challengers must prove there is no case in which the regulation is legal (or constitutional).
This is what happened in Rahimi. The court found that §922(g)(8) withstood a facial challenge because a person who had been found to be a violent danger to others could be temporarily disarmed.
The Court found that there was a tradition of disarming violent persons in the late 1700s. That the disarmament could only be temporary, and it had to be properly adjudicated.
Because of the very limited scope they found, the law survives the facial challenge.
By extension, a lifetime loss of Second Amendment protected rights runs against the opinion in Rahimi.
Here, the state slipped in a statement about Salerno. The respondents (good guys) didn’t feel it needed a response, so they didn’t respond.
The majority of the Court then took this as the respondents agreeing that Salerno should control.
Now that Salerno attaches, all the state need do is find ONE example where the regulation is acceptable.
In this case, they used an example, provided by the state, of a frame that required two plastic tabs clipped and filed, and a few holes drilled. Something any of you should be capable of doing in 10 to 15 minutes.
The other was a complete kit which contained everything to assemble a firearm. The time to assemble was listed as around 21 minutes.
As Alito points out, this means that those two are firearms, as defined by the GCA of 1968. It doesn’t say anything about the rest of the frames and receivers out there.
Regardless, background checks are unconstitutional, in my opinion.
This is 12 hours late. I am working a hard deadline for a client that has to be able to handle tariffs correctly by April 2nd. Sorry about that.
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