Will any AWB be challenged in Federal court?

[scott9050]

I have seen it mentioned in several places, usually as blurbs:

http://www.washingtontimes.com/news/201 ... re/?page=2

If by some odd reason Congress defies the Constitution and denies our rights, will the Supreme court decide this once and for all and crush the gun grabbers?

I can see that happening this time around as the country has changed a lot over the past nearly 20 years.

[Mindflayer]

Maybe that is why Obama is "biden" his time. He can get a SCOTUS justice in and swing the court.

[lonestarag]

SCOTUS review of a ban would be interesting since their last few gun rulings leaned heavily in our favor. But Obama has other options, such as ratcheting up regulations (e.g. turning semi-auto rifles/shotguns into NFA III items...) There are a lot of tricky things he can do, and I'm sure ATF & DOJ lawyers are cooking these ideas up right now....

[Reverenddel]

Yep! They did it with "Street Sweepers". Turned a simple rotary mag shotgun into a "destructive device".

But quietly, people have kept those out of sight. (shrugs) Just means in public? We're the "grey man".

[sboyajian]

Anyone recall who controlled the House and Senate when the 1994 ban passed?

I ask because I'm curious how it will pan out this time. With the GOP controlling the house, and knowing that they need to continue to get those votes to get back here next election, they may not allow the bill to go through the house.

I have a feeling that the house is going to play hardball until the democrats work to their side on the fiscal cliff stuff.. this could be a long hard battle with no results.

[ShotgunBlast]

Anyone recall who controlled the House and Senate when the 1994 ban passed?

I ask because I'm curious how it will pan out this time. With the GOP controlling the house, and knowing that they need to continue to get those votes to get back here next election, they may not allow the bill to go through the house.

I have a feeling that the house is going to play hardball until the democrats work to their side on the fiscal cliff stuff.. this could be a long hard battle with no results.

So there should be enough votes in the Senate to pass, especially if they keep running the tearjerker stories from now until the vote. The POTUS will sign. So it comes down to the House to stop this.

Fiscal cliff negotiations will keep going on in the background with Boner promising POTUS the house passing the AWB in favor of some deals on the fiscal cliff (which will probably end up being something trivial).

As much as I want to believe the House will keep an AWB away, I'm not putting my money on it.

[donut]

A court challenge probably won't fly. You'll have to wait until it expires just like that last one. However, expect that there will be a new definition of "pre-ban" now it will be "pre-ban, and old-ban" (I should copyright that). It could be challenged but if the law is written properly, it's going to be a pain. As long as it doesn't say "we're making guns illegal to own, illegal to possess". The thing is that it's regarded as regulation, oh sure it's legal you can have one, but if you're going to here's the rules. I'm curious to see what's next as I'm sure, hi-caps and pistol grips are on the chopping block. Remember the bill will look a bit different by time it makes it to the president's desk.

[SilentServiceVet]

A new AWB will pass the Senate easily. It will fail in the House, though. After that, Obama will do as he's done in the past and ignore the Constitution by issuing some sort of Executive Order that essentially does what the failed AWB was supposed to do and takes away our 2nd Amendment rights. Probably my modifying existing laws. He'll use the recent mass shootings as justification, say he's doing this for "the greater good" and "because Congress won't act," and then pretend to wipe away a tear.

With no re-election in his future (until he figures out a way to do away with 2-term presidencies), what's to stop him? The Consitution? No. Congress? No. The Supreme Court? No.

[Wingandaprayer]

Donut, what's to say the next AWB will have an expiration date?

[JC77]

Donut, what's to say the next AWB will have an expiration date?

Amen to that Wingandaprayer. I was talking to another guy yesterday who is pro-gun, but was not too concerned as he believed that this law would expire like the old one. I asked him why in the world would he count on something like that? Fight it now!

Also, as far as a court challenge. As I recall from the DC pro 2nd Amendment ruling by the SC even Scalia said that while you cannot stop people from owning guns, "reasonable" gun control laws were Constitutionally allowable. That is to say they supposedly cannot take our right away, but they can restrict it "reasonably."

Which is all BS and why I will fight this crap to the end.

[VBshooter]

Ain;t no reasonable about it!!! We need to knuckle down and stand up to these buttholes, Physically and financially ,,whatever it takes,

[zerodown1]

They could take a different route other than bans that would be challenged in the courts and dragged out for years. Regulations that would make it to expensive or to complicated to purchase. Registration of all firearmes , a national data base for registration, taxes,limiting purchase on firearms and ammo registering all ammo purchases in a national data base, forcing people to buy very expensive liability insurance policies as a condition of ownership, forcing one to provide proof of secure storage as a condition of purchase,I mean this could go on and on.Whatever it is, it will not be good for gun owners.

[gunderwood]

They could take a different route other than bans that would be challenged in the courts and dragged out for years. Regulations that would make it to expensive or to complicated to purchase. Registration of all firearmes , a national data base for registration, taxes,limiting purchase on firearms and ammo registering all ammo purchases in a national data base, forcing people to buy very expensive liability insurance policies as a condition of ownership, forcing one to provide proof of secure storage as a condition of purchase,I mean this could go on and on.Whatever it is, it will not be good for gun owners.

+1

I suspect that the usual propaganda they pump out to create fear (mags, collapsible stocks, flash hiders, pistol grips, etc.) is just a smoke screen. They'll take it if they can get it, but they'll seem "reasonable" if they don't ban it, but practically do like the NFA did in 1934. It's just a registration and $200 tax per item...in 1934!

[Hawaiianbro]

SCOTUS review of a ban would be interesting since their last few gun rulings leaned heavily in our favor. But Obama has other options, such as ratcheting up regulations (e.g. turning semi-auto rifles/shotguns into NFA III items...) There are a lot of tricky things he can do, and I'm sure ATF & DOJ lawyers are cooking these ideas up right now....

I could see this happening as well. Yet it would make the process longer but at least those who are not suppose to have those type of guns make it tougher. But then again if a bad person really wants something, they will most likely get it somehow.

I just hope it doesn't pass, I just got into AR's and recently been looking at purchasing maybe 1 or 2 more and now recently there gone every were Ive been too.