US Supreme Court In Gun Owners Decision~

[mrerick]

While we don't focus on political issues here, the newly passed law does impact our position as US based firearm collectors.

One portion of the bill passed by congress this week and signed into law this morning by President Biden addresses private sale of firearms "for a profit". The language of the bill is reasonably vague, but includes a carve out for firearm collectors. It makes no improvements for 03 C&R FFL collectors, but does permit firearm collectors to continue to sell guns privately. Enforcement will likely be arbitrary.

I suggest that US based members thoroughly read the sections of the new law.

Here is a topic by topic breakdown of the gun control that Biden signed into law today:

https://www.documentcloud.org/docume...ion-by-section

This is the bill as is was taken through congress:

https://www.congress.gov/bill/117th-...bill/2938/text

PDF of the bill as passed:

https://www.congress.gov/117/bills/s...17s2938enr.pdf

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A reading of the Supreme Court decision on NYSRPA v Bruen is more helpful to US gun owners. It's quite a bit more broadly cast than media reports would have you understand.

Justice Thomas in one stroke discarded the means - end intermediate scrutiny test for gun laws that Justice Scalia had incorporated into the Heller decision ten years ago. That puts many of the gun control strategies being pursued ever since at risk.

In particular, the decision makes it very clear that "Red Flag" ERPO laws seriously risk running afoul of the Sixth Amendment protections in the constitution. Laws that permit gun confiscation, but that leave the respondent at liberty are simply unconstitutional. The Supreme Court essentially chose originalism when it comes to the fundamental enumerated constitutional rights of the Second Amendment - indicating that it means what it says and as it has always meant since it was written originally in the early 19th century. Joyce Malcom, the constitutional legal scholar who informed Scalia during the Heller decision, must be quite happy the court finally agrees with this position.

The Supreme Court decision is at:

https://www.supremecourt.gov/opinion...0-843_7j80.pdf