Does ACB’s Appointment Mean The End Of CA Gun Control Laws?

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It’s only been a few weeks ago that Amy Coney Barrett was confirmed to the U.S. Supreme Court, and leftists lost their collective mind (yes, that’s assuming that they hadn’t already lost it). In fact, at the time of this writing, Trump’s legal challenges in several states over the handling of the November 3, 2020 election have not been settled, so ACB may have an opportunity to cause more wailing and gnashing of teeth from those on the political left before the end of the year if those court cases go to the Supreme Court.

Of course, besides the potential rulings on the election, leftists have been freaked out about ACB from the time that her name was put forward as a potential Supreme Court justice because she is an originalist, meaning that she doesn’t legislate from the bench and goes by the meaning of the law. Leftists freaked out about the impact of originalist thinking on both abortion and gun control laws.

Since this is site about guns, we’ll leave the abortion issue aside for the purpose of this article, but some people think that ACB could be the death knell for gun control in many states, such as California. Eric Ting writes,

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“There are challenges on California’s gun laws bubbling through the federal courts, which makes it possible but not likely we see a case this term,” said UCLA Law Professor Adam Winkler, who specializes in constitutional law and the Second Amendment. “But it won’t be long before the court finally takes another gun case.”

And when they do, California’s gun restrictions are endangered. National gun control groups fervently opposed Barrett’s confirmation, with Everytown for Gun Safety president John Feinblatt calling Barrett a “gun rights extremist who has no place on the Supreme Court.”

“If you want to know which laws could be struck down, just open the penal code and look at every law about guns,” said Winkler. “We’re at that level.”

California has gun laws ranging from online ammunition purchase restrictions to red flag laws, and Winkler believes the court could start the process of striking down gun control laws one-by-one.

Of course, while California is one of the easiest targets for striking down gun control laws (after all, they have so many of them), there are a number of other states (New York? Virginia?) and municipalities (Chicago and Baltimore come to mind) which could have their gun control laws overturned.

Indeed, as Ting wrote, “Barrett replacing Ginsburg [is] a potential game-changer.”

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5 COMMENTS

  1. Yes, I’m sure this is one reason that various groups don’t like Mrs. Barrett’s appt. to the High Court. After all, She will read the Law as it is stated as She said She’d do. Progressives and Pro-Gun control groups want a Justice that will bend to Their wishes.
    I’m not an expert in the Judicial field but, I don’t know how any legislative body can make laws on something so basically stated such as the 2nd Amendment.

    Craig

  2. The way I have read the Second Amendment. , ‘the citizen’s right to keep and bear arms” , doesn’t say the citizen HAS the right but seems to imply that the citizen already had the birth right or God given right to keep and bear arms. The second paragraph of the Declaration of Independence says that all men are created equal and “endowed by their creator with certain [unalienable] rights, among those being life, liberty, and the pursuit of happiness. Life, Liberty, and The pursuit of happiness are pretty broad terms or “umbrella” terms which cover many freedoms. It seems that the unalienable right to life would naturally include the right to defend/protect that life. I used to enjoy reading the Arkansas Criminal Code book (the first one I ever picked up was a 1968 version). In different criminal acts I saw a term that made good sense to me at the time . . . . “as deemed by any reasonable and prudent person”. The “left” is trying to take away something that is NOT theirs to take away!!!

  3. OK…. PEOPLE AND… THE DEFENDERS OF ARE “WORLD” AND OUR GREAT COUNTRY !!!

    WE THE PEOPLE ARE PROUD TO BE FREE .
    FREEDOM did not come with out a price. IT COST US MANY LIVES !! FOR HUNDREDS OF YEARS
    WE HAVE FOUGHT FOR THE RIGHT TO BEAR ARMS. OF ALL KINDS… KNIFE’S, ROCKS,FORKS SPOONS,
    pichforks, arrows ,spears ,fire, GUNS. OUR PEOPLE HAVE DIED BY ALL KINDS OF WAYS .THIS IS A FACT!!
    “GUN CONTROL” IS NOT THE ANSWER!! THE BAD GUYS WILL KILL US IN MANY DIFFERENT WAYS.
    WHAT ARE YOU GOING TO DO WHEN THE BAD GUYS COME FOR YOU ? AND YOUR YOUNG BOYS AND GIRLS
    AND YOUR WIFE WHEN YOUR AT WORK? IN THE EARLY DAYS “THE WILLED WEST DAYS” YOU WOULD ANSWER THE DOOR WITH A GUN IN YOUR HANDS IS THIS WHAT WE WANT???? I THINK NOT !!!
    I DON’t WANT TO HERT ANY ONE!…..BUT I WILL WHEN THE BAD GUYS COME.!!

  4. I. Believe these comments are right on! My thoughts are closely related! Do not destroy my rights!!!!
    Bob M

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