Legal

(Feature Image is Raymond M. DiGuiseppe, who argued the case before the Ninth Circuit merits panel)

This was a big case with all the big names involved. We had Chuck Michel and Anna Barvir from Michel & Associates PC. If there is a Second Amendment case happening in California, they are likely to be there. The NRA was there. Erin Murphy, Paul Clement, Matthew Rowen, and Nicholas Gallagher from Clement & Murphy. You should know their names, think Bruen.

Regardless, Raymond is the one that argued and ran this case.

This was a unanimous opinion by all three judges. This is great. It is a win for The People. The 1 gun per 30 days is currently enjoined. The people of The People’s Republic of California have one of the rights the rest of the citizens of these United States enjoy.

Is this judgment going to stand? I do not believe so. The People have had a few wins in the district courts of California, and we have had a few wins with merits panels of the Ninth Circuit. In every case, the Ninth Circuit has then agreed to hear the case en banc and reversed the merits panel.

According to one of the judges that sits on the Ninth Circuit, the Ninth Circuit is over 150 to 0 against The People in Second Amendment cases.

History

In 1999, the state of California enacted a one-gun-a-month law. The law banned the purchase of more than one “concealable handgun” per 30-day period. In 2019, the law was extended to “handgun, semiautomatic centerfire rifle, completed frame or receiver, or firearm precursor part”.

You just have to love that made up term “firearm precursor part”. Does that mean a billet of 6061? Does it mean a raw forging of aluminum? Does it mean an 80% lower? Yeah, when does it stop being a pipe from The Home Depot, and it becomes a firearm precursor part?

The plaintiffs in the district case became Appellees at the circuit level are the good guys. They wanted to buy more than one firearm per month. The case is a facial challenge to the law.

The judges looked at this case “de novo”, or as if it were new. Because the case was a facial challenge, they only considered the text of the statute. It is the burden of the plaintiffs (good guys) to establish that no set of circumstances exists under which the law would be valid.

The Analysis

This is correctly stated and a good summary. It is at this point where most of the rogue, inferior, courts go off the rails.

Teixeira was decided in 2017, against The People. Yet, it is quoted multiple times. Ezell v City of Chicago, in front of the Seventh Circuit court in 2011, was also a loss for The People. Both cases preceded Bruin and as such need to be reanalyzed in light of the Bruen analysis. In other words, they are likely bad law.

They did not cite to Minneapolis Star & Tribune C v. Minnesota. This is because that case is a Supreme Court opinion and was a much stronger indictment for not messing with The People’s rights via restricting ancillary actions. In that case, the state (bad guys) put a tax on the ink purchased by large newspapers.

The phrase “meaningful constraints” is where this opinion starts to go sideways. Because they are quoting case law from before Bruen they are sneaking in “interest balancing”. The state does not get to decide what is or is not a “meaningful constraint.”

They don’t get to because they always extend it to far. Is a $200 tax on a firearm accessory that much of a constraint? Is a requirement for government permission to purchase a firearm accessory? Or to ask for permission to move it across state lines?

According to the federal government, it is not a meaningful constraint. Nor does the state of California think it is a meaningful constraint.

This makes the statement erroneous. This is why I call foul on citing to bad case law to support current cases.

Making a Summary Because I’m tired

California argued that the Second Amendment doesn’t guarantee a right to possess multiple firearms, and even if it did, restricting the frequency of firearm purchases is not a meaningful constraint.

This panel swatted that one down. They point out that if the state was right and because things apart from firearms are arms. The state could argue that if a person owned a knife could be banned from purchasing a firearm.

They get the plain text section right.

Unfortunately, only in part. They claim that delays that serve presumptively valid purposes are constitutional but that in this particular case, the law purpose of the delay is the delay.

They found that there is no history or tradition of meter the exercise of a constitutional right.

Of course, the infringers use the “nuanced approach” argument. That phrase now makes me sick. It tells me the bad guys are about to lie through their teeth and expect me to smile.

Here the court reaches the correct conclusion but for the wrong reasons. This can be bad for the Second Amendment rights of the People.

The nuanced approach only applies to things that are not bans. This is a ban, a metering of rights. In Heller, the Supreme Court found that there was no history or tradition to support firearm bans. This means that a one-per-month ban is unconstitutional, period.

The merits panel then spends a half dozen pages of electrons to find other reasons to find no tradition.

Conclusion

It is a win. I’ll take it.

It is not good case law. They did not create a general understanding of “Plain text” and they did not do a correct history and tradition analysis.

This suggests, to me, that this opinion will be cited by the anti-gun people in the future, in negative ways.

Regardless, this opinion will not stand. It will get overturned by the en banc panel. The Supreme Court is unlikely to grant cert if they request cert.

This bit of text is quoted in almost every case where the state is defending their blatant infringements.

They still use this citation, even post Bruen. After Bruen, they added a ⁣more nuanced approach.

What these two quotes have in common is that they are “dicta”.

Dicta is short for obiter dictum. It refers to statements made by a judge in a legal opinion which are not essential to the decision of the case.

What is essential is the holding.

Part of the problem is that the superior courts would rather not resolve the same issues over and over again. They want a one and done case.

The core holding in Heller was that the Second Amendment was an individual right. As such, any ban of a class of firearm, defacto or not, was unconstitutional.

That’s it. The entire discussion on dangerous and unusual, in common use for lawful purposes, and “this is how you perform Second Amendment jurisprudence” is dicta.

Because it is “just” dicta, the inferior courts can choose to ignore it. Or pick and choose which parts of dicta they wish to use.

The rogue inferior courts will use the “not unlimited” to search for the boundaries. Then they will find that the particular law is outside the boundaries of the Second Amendment.

The Bruen opinion introduced more dicta. These dicta were directed orders to the inferior courts. No more two-step shuffle. No more means balancing.

The inferior courts were told, clearly, that the process of picking a level of scrutiny, and then applying a balancing procedure was unacceptable.

They were told to first look at the plain text of the Constitution. The very same language the Court has been using for decades, if not centuries. These inferior courts have shown that they are perfectly capable of reading the plain text of every part of the Constitution, except the Second Amendment.

Once the conduct “touches fingers” with the Second Amendment, the burden shifts to the state to show that their regulation is a match for this Nation’s historical tradition of firearm regulation.

In Rahimi, they said that a person can only be temporarily denied their Second Amendment protected rights. The inferior courts then proceeded to decide that a permanent loss of Second Amendment protected rights was Constitutional, when applied to anybody who could have been sentenced to more than a year in jail/prison.

This is also dicta. This paragraph was written by Justice Kagan. Justice Sotomayor wrote something similar in Rahimi, I believe. Where she also admitted that the AR-15 was in common use for legal purposes.

After S&W v. Mexico was decided, many of the plaintiffs (good guys) filed notices with their respective courts, pointing them to the opinion. The gist of many of these notifications were, “The plain text is implicated. The burden shifts to the government to prove their ban is justified by this Nation’s historical tradition of firearm regulation. The Supreme Court stated that a firearm or class of firearms can only be banned if it is both dangerous and unusual. If a firearm or class of firearm is in common use, it is not unusual and cannot be banned. Justice Kagan said AR-15s are in common use.”

Well, the replies to those filings have started to come in. In a shocking turn of events, the infringers are now arguing that the Justice Kagan quote is “just dicta” and should be discarded. That it is just meaningless noise.

(But please remember that my dicta, “not unlimited”, cannot be discarded. It was put into a Supreme Court opinion.)

The state has stepped up and opened their mouth in an Amicus brief in —Nguyen, et al. v. Bonta, et al., No. 24-2036, slip op. at 7 (9th Cir.) (not a good cite). The gist of the case is that the state of Illinois had a Bruen tantrum and created a new assault weapon and magazine ban.

Now the United States DoJ is sticking their oar in the water. Ugh.

Yeah, I’ll believe that when the cows come home.

The United States has strong interests in ensuring that these questions are correctly resolved; Now, isn’t that weasel words?

that the Second Amendment is not treated as a second-class right; and that law-abiding Americans in this Circuit are not deprived of the full opportunity to enjoy the exercise of their Second Amendment rights.

Wait, WHAT?

Yes, the Supreme Court did say, in Heller and Bruen that the Second Amendment isn’t a second class right.

Exactly, Illinois passed a “Bruen tantrum bill”. They did not get the message.

…the key question under the Second Amendment’s text is whether the banned semiautomatic firearms are “Arms”

Well, Doh, of course AR-15s are “Arms” under the plain text.

Please note that the quote comes from the S&W v. Mexico was written by Justice Kagan. In other words, we now have two lefty Justices writing things that are pro-Second Amendment.

Ok, what happened? The DoJ are the bad guys, aren’t they?

Exactly, if the plain text of the Second Amendment interacts with the conduct, bearing assault weapons in this case, then the Second Amendment’s protections presumptively apply to that conduct. The state bears the burden of proving a history of historical regulations that are a match.

Furthermore, while many said that Rahimi was bad for The People, it keeps showing up in positive ways in these court cases. Now if the rogue courts would just follow simple instructions.

The DoJ goes on to correctly apply the “in common use” process. The Supreme Court has already done the work of determining what this Nation’s historical tradition of firearm regulations are in reference to firearm bans. They determined that for an arm to be banned, it must be both dangerous and unusual.

If an arm is in common use among The People, it is not unusual and cannot be banned.

One of the things the DoJ points out, that I had not noticed, is that these rogue, inferior courts, have decided that Heller severed the Second Amendment’s prefactory clause from its operative clause. These rogue courts were then able to argue that if a weapon was militaristic, the operative clause did not protect it.

This is just BS. The Supreme Court actual recognized that the Second Amendment also protects the right to keep and bear arms for individual self-defense, but also collective self-defense.

My gosh, the DoJ just said that suppressors are “arms” under the Second Amendment and thus fall under the “in common use” shortcut.

Conclusion

The United States of America Department of Justice just filed one of the most powerful motion, supporting the Second Amendment, I’ve ever read. It calls out the rogue inferior courts. It says that rogue inferior courts are wrong in how they are interpreting the Second Amendment.

In general, parties to a case are careful in their wording to not offend the court. This is why you don’t normally read statements in a motion saying the court got it wrong.

This motion did precisely that. It called out the Seventh Circuit court for intentionally reinterpreting the Supreme Court to get their agenda-driven results.

In a unanimous opinion, delivered by Justice Kagan, the Supreme Court held:

Thomas and Jackson both wrote concurring opinions. I have not read them yet.

This is a huge win. In just the skim I did, they specifically call out advertising as being irrelevant.

I intend to have an article on Saturday. This case advances Second Amendment jurisprudence.

Yesterday’s article was a surprise to me. I started the post with one mindset, and ended in a different place. Occasionally, it helps to talk out your issues.

It started with my statement, Snope should have been GVRed.

Why? Because the Supreme Court has already done a gun ban case. It is a slam dunk, easy case.

Slam dunk, easy cases, don’t make good law. Just like bad facts make bad law, easy cases don’t advance the law.

Every case the Supreme Court takes is important. They intend it to be important. While every case is important to somebody, or to a group, not every case is important to the country or the Court.

Every Second Amendment case is important to me. I want every court at every level to make a good ruling based on the plain text of the Second Amendment and this Nation’s historical tradition of firearms regulation. To do anything less is to flaunt the rule of law and our founding documents.

Too many judges are agenda-driven hacks, black robed wannabe tyrants, operating their rogue inferior court as if they are the supreme authority of this nation.

When an inferior court makes a bad decision, their superior court should step in and set them right.

If every inferior court judge had every bad decision slapped down, there would be many fewer bad decisions. On Monday, the court decided 116 cases.

Of those, three cases were an invitation to the Solicitor General to file a motion on how the US Government stands in the case.

Two were, “You can proceed as a pauper, you must pay to play.” One denial of cert had two dissents written. The rest are denials. Most of which are dealt with by being put in a column titled “Denied”. Nothing more.

If the Supreme Court was capable of dealing with more cases in a meaningful way, then I could see them taking these slam dunk cases.

Unfortunately, the court has painted itself into a corner in what they feel they can say. I can wish all I want that a GVR would say more than “in light of Rahimi“, but a GVR never has more than “do it over obeying this new opinion”. This should be happening with more targeted language.

But they don’t.

Instead, they hear 65 to 70 cases per term. They decide which cases will have the most impact on our country. Which cases will bring common understanding across all the circuits.

They choose. And right now, Roberts is not going to let more than a couple of Second Amendment cases be heard per term.

I agree with Thomas and Alito, the Court should have dealt with Snope in some way other than ignoring it.

Dealing with it now might make a difference in the next few years.

More likely, it would not have accomplished anything. The Court is supposed to set guiding principles. It isn’t supposed to be fixing individual results.

Assume the Court said, “AR-15s are arms under the plain text of the Second Amendment. They are in common use. They cannot be banned.”

What would change in the Ninth Circus court? The First, Second Third, Forth and Seventh Circuit? Nothing.

“The Supreme Court has said that Semi Automatic rifles are arms under the plain text, they are most similar to machine guns which can presumptively be banned.”

Or they require a permit to own an “assault weapon”. It is no longer “banned”. Instead, you are required to register as an assault weapon owner, pay $1000/year per assault weapon.

They didn’t ban those evil assault weapons, they are just making sure that people treat the ownership of such weapons seriously.

We need to see advancement in the Second Amendment.

When Bruen was decided, multiple cases were GVRed. Those cases are making their way back to the Supreme Court. If the Court takes any of them and produces a major opinion, like Heller, or Bruen, then we are on track.

So I’m licking my wounds and preparing to fight for the rights of The People to keep and bear arms.

During the term, the Supreme Court has multiple conferences. The Friday conference is when they decide which cases will be granted cert, which will be denied, and other issues relating to cases, outside of opinions.

On the following Monday, they publish their order list. This is a list of all the cases they have an action on. Some of those a denial of cert, others are denials of moving forward as somebody that can’t pay filing costs, others are invitations to the federal government to speak up on the case.

The only people in the conferences are the 9 justices. There are no law clerks, no bus boys, no secretaries. It is just the nine of them.

When evaluating a motion for a writ of certiorari, it only takes 4 justices to grant the writ.

A case that is granted cert can be quickly handled by vacating the inferior court’s decision and remanding the case back to the inferior court. This is normally accompanied by instructions to “do it over, right, in light of a recent opinion”.

I would have loved to see the Court GVR Snope with “in light of Heller and Bruen“. Not that it would have done anything when dealing with the Fourth Circuit, but it still would have been an interesting method of dealing with these rogue inferior courts.

If they are not GVRing a case, but simply granting cert, they will schedule oral arguments and set deadlines for all briefs to be filed. They never state a dissent or make a statement when a case is granted cert.

If they deny cert, most times it is a simple list of cases with a short sentence at the end, “the motion for certiorari is denied.

The Snope case is ripe to be heard by the Court. It has been kicking around since 2013. It was one of the cases that was seeking cert while Bruen was seeking cert. It could have been the case to move Second Amendment jurisprudence forward.

The Court did the right thing in taking Bruen. Snope, known as Bianchi at the time, was a simple repeat of Heller. Bruen advanced our cause significantly.

The holding was that the Second Amendment extends outside the home. That is huge. It is much bigger than saying, “It is a gun ban case, we decided it in Heller, you can’t ban guns in common use for legal purposes.”

The Supreme Court only hears 70 or so cases a year. That is across all parts of the legal landscape. First Amendment, Fourth and Fifth amendments, environment and a host of other subjects.

The question becomes twofold, how many Second Amendment cases will the court hear in a term, and what are the best cases to take?

The Supreme Court heard Rahimi in the 2024 term (current term) as well as VanDerStok.

Was Snope the right vehicle for the next major Second Amendment opinion?

Maybe not. If the Court could hear every Second Amendment case presented to them, then yes. This was a slam dunk case for The People.

It would not have advanced Second Amendment jurisprudence in any significant way. It would be a redo of Heller.

Justice Thomas would have written, either as the author of the opinion or in a concurrence, that the plain text is plain, there is no evaluation to do. But it would still just be another Heller.

We have other cases coming forward. My feelings were that an opinion in Snope would have addressed these other cases, but maybe we need to have the court look at sensitive places?

When the Bruen opinion issued, I remember focusing in on “sensitive places”. It was obvious to me that many of the rogue states would laser focus on making as much of their state “sensitive places” as possible. The goal isn’t to make every place illegal for you to carry, it is to make it so legally dangerous that you don’t bother.

Every time something comes up on Craigslist that I want which is in MA, I evaluate it in terms of drive time and danger. Because I have to leave my firearm behind when I travel into Mass. It is painful.

There are two east-west roads near me. One is faster to certain towns in NH. But, it dips into Mass for part of that trip. I refuse to use that route, even if it adds 15 to 30 minutes to trip time.

Now imagine thousands of little “legal guns prohibited” areas in a state. What happens if you’re driving to pick up a rabbit hutch, and you drive past a school. With the way some states work, that could be a felony.

So the Court could be looking for a sensitive places case. Or, one that I would like to see, a reciprocity case? How cool would it be if the court found that whatever requirements my state requires is all it takes for me to be able to carry any state?

I’m disappointed. I never expect anything of Roberts. I was hoping for better from Amy.

This is a war. It is better to not lose this battle and continue to make headway in the Supreme Court.

Boy am I disappointed.

Today, the Supreme Court denied cert in both Snope and Ocean State Tactical.

Thomas and Kavanaugh wrote dissents. Alito and Gorsuch joined Kavanaugh in his dissent. Amy and John sided with the agenda driven left of the court.

Because Ocean State Tactical is in an interlocutory state, they will have at least another two bites at the apple. If this outcome is any indication, I do not expect a positive result.

On the better news front, Kavanaugh listed several cases that are making their way up the chain and will be or are seeking cert.

This case is about slowing down DOGE and the Trump administration. The tool used in this case is Freedom Of Information Act requests for information, otherwise known as FOIA requests.

The name of the organization is, normally, CREW. They started requesting information in December 2024, through the OMB attempting to find out who and what DOGE was. When they had not received a response by January 2025, they requested an expedited FOIA. They filed more FOIA requests and more demands for expedited actions.

On February 20, 2025, they filed suit, alleging that the government wasn’t responding fast enough. They wanted a preliminary injunction requiring full compliance with their request by March 10th.

By March 10th, the court had ordered the government to produce the requested documents in an expedited manner. It looks like court speak of “ASAP”.

By the middle of April, they had a requirement in place for the government to produce 1000 documents per month. Note, OMB believes there are around 108,000 documents and DOGE believes they have 58,000. This is a total of 166,000 documents.

The government has nearly 15 years to produce all the documents requested.

Ok. That’s where things stood as of April 10, 2025.

The government filed a request for stay with the Supreme Court.

Chief Justice Roberts then issued an administrative stay. This means that OMB and DOGE can proceed with document production at a “normal” rate.

Since it is an administrative stay, only a single justice is needed. The entire court can then choose to examine the case and issue an order regarding the request for stay, or they can just leave the administrative stay in place.

It seems a small win, but it is a win.

Trump v. Wilcox on application for stay was granted. It was a 6-3 opinion. The usual suspects were on the wrong side of history, again.

Justice Kagan wrote the dissent.

Miggy made the mistake of letting me write for him. Then I begged him to let me write when he wanted to close GFZ. When I started, I knew I had things to say about some cases happening. I just didn’t know what I didn’t know.

I started reading and listening. The more I learned, the more I knew I needed to learn.

I have gotten to the point where I read at least part of every opinion the Supreme Court writes. Certain things keep showing up.

It is obvious to any honest person that the Second Amendment means that all gun-control is unconstitutional. The closest we have gotten to anything that is even remotely close to being allowed is that a violent person can be temporarily disarmed.

The Justices that believe in the Constitution express it as “The plain text and this Nation’s historical tradition of …”. This means that if the plain text of the Constitution is implicated, the burden shifts to the government to prove that there were similar regulations at the time the constitution was adopted and when the particular amendment was ratified.

The 14th Amendment must be interpreted as it was understood at the time it was ratified, in the late 1800s, not 1791. The Second Amendment must be interpreted as it was understood at the time it was ratified, in 1791.

The authority of the Executive branch was established on June 22, 1788.

Humphrey’s Executor v. United States was issued in 1935. It cannot be used to establish the meaning of Article II. It is NOT part of this Nation’s historical tradition of regulations regarding the President’s authority.

Since Roe v Wade, every Supreme Court nomination has been asked, “will you mess with Roe v. Wade?”. If the answer is “yes”, the Democrats would fight tooth and nail to keep that person off the Court.

This is always the way of the left. We see it in the court battles against the Trump administration. They will fight a battle, lose, claim victory, then fight the same battle again.

They repeat this until they win. After they win, they claim that this is the standard and cannot be chanted. To attempt to change it is evil, against the will of The Person, and wrong. This is what is happening with the court shopping they are doing. They don’t have to win every case against Trump, just one.

If they lose, they will attempt the same case in a different jurisdiction, until they get a win.

Roe v. Wade was a shit decision. The Dred Scott opinion was even worse. But according to the left, these cases should never have been challenged, much less overturned.

FDR decided that Government was the answer. Regardless of the question, the answer, according to him, was the government.

You don’t have a job? The government will create work, then hire you to do that work. People aren’t preparing for their retirement, the government will do that for you.

The problem he was facing was that much of what he wanted to do wasn’t really constitutional.

In addition, the next president could just undo the shitty things he had done. He needed a way to protect his policies.

The answer was the creation of Government Entities that were performing Article II duties, but which had limited presidential oversight.

Before FDR’s power grab, the president could fire anybody in the executive branch. He was that powerful. He got Congress to pass bills creating entities who’s governing body or head could only be fired for cause.

Kagan, Sotomayor, and Jackson all believe that an opinion from 90 years ago says more about this Nation’s historical tradition of regulations than does Article II, adopted in 1788.

The People chose to put the authority into one person, the President, who they could change, every four years. The government is beholden to the People. The government doesn’t get to say that “a group of knowledgeable people” should be exempt.

Power corrupt, absolute power corrupts absolutely.

Justice Sotomayor used to be the least talented Justice on the Supreme Court. Ketanji Brown Jackson said, “Hold my beer!” and took that title.

During the oral arguments, Sotomayor asked:

When a case is opened, the plaintiffs can make a motion for a temporary restraining order. This is another name for an injunction. A TRO should last no more than a couple of weeks, should maintain the status quo and should not grant final outcomes. Sorry for the poor English.

Thus, a TRO might stay an execution. This is the current status, so no change, maintaining the status quo. This is within the normal understanding of a TRO.

The TRO should not release the prisoner. That is a final outcome. That might be what the plaintiff is requesting, to be set free. That is what the final judgment would or would not grant.

In some cases, the plaintiff can be ordered to provide a bond before the TRO is issued. For example, the plaintiffs want the state to payout $2 billion as part of the TRO. They can be ordered to post a $2 billion bond before the defendants are required to pay out the $2 billion.

By the end of the TRO, the arguments for and against a preliminary injunction should be fully briefed. If there are any oral arguments to be made, those will have also been made.

The judge will then issue a preliminary injunction/stay as the TRO lapses, or will not issue the preliminary injunction/stay, which means the TRO lapses and nothing takes it place.

In general, TROs and Preliminary Injunctions are only granted to the parties of the case. The judge can issue a TRO blocking the execution of prisoner A, but unless prisoner B is also a party to the suit, the TRO does not apply to them.

If the case is a class action suit, once the class is granted, then orders of the court apply to the entire class. If the parties are an organization, the injunctions might apply to all members of the organization.

So what happens in Sotomayor’s hypothetical if there are no universal injunctions?

First, I don’t believe that we are going to have a situation where there are no universal injunctions. I believe that Sotomayor is correct, we need to preserve that capability for the judiciary.

What I believe would actually happen is that a true universal TRO would be issued. This would have a limited lift time.

Blocking the deportation of TdA for two weeks is a pain, but not unbearable. Blocking the deportation of TdA for the duration of a drawn out court case is unacceptable.

Blocking the confiscation of guns for two weeks for everybody is just as bearable.

This would give the inferior court time to certify the class, if such was needed, and to do a proper evaluation of the request for a preliminary injunction.

As the Supreme Court said in A.A.R.P v. Trump, the inferior courts MUST answer the merits question of the Winter factors. They cannot side step this.

In the case of TdA, the government will win on the merits. They have been granted the authority to remove criminal aliens from the United States by the Constitution and Congress. The most that might be justified is the process might require enough time for an attorney to become involved.

In the case of a gun confiscation, the plain text of the Second Amendment would be implicated. There is no way around that. There is no regulation in this Nation’s history of arms regulation that is analogous to an outright gun confiscation. The People are likely to win on the merits. Having a Constitutionally Protected right violated is unrepairable harm. The balance of equities lies with The People who have been harmed. Being denied your rights outweighs any state harm. The public has no interest in upholding an Unconstitutional Law or Regulation.

For the Circuit courts that would suddenly find that the Right to Keep and Bear Arms only applies to Nerf guns would cause a nearly instant circuit split, which would get appealed to the Supreme Court.

In addition, it would be physically difficult to confiscate all guns.