Why no lawsuit overreach of the 2A (Read 1204 times)

Carbonhunter

Why no lawsuit overreach of the 2A
« on: January 04, 2024, 05:00:39 PM »
Why hasn’t there been a lawsuit to get the permit process overturned. This is overreach of our 2nd am I not right ?

The bogus hunters Ed to get a long gun now when will they change to getting a permit for every gun wanting to purchase.
That will be the next nail in the coffin for our right

changemyoil66

Re: Why no lawsuit overreach of the 2A
« Reply #1 on: January 04, 2024, 06:00:44 PM »
Are you willing to put up money?

macsak

Re: Why no lawsuit overreach of the 2A
« Reply #2 on: January 04, 2024, 08:35:05 PM »
the year just started 2 days ago, and you must be "harmed" to sue
and the counties technically have rules and procedures in place...

Why hasn’t there been a lawsuit to get the permit process overturned. This is overreach of our 2nd am I not right ?

The bogus hunters Ed to get a long gun now when will they change to getting a permit for every gun wanting to purchase.
That will be the next nail in the coffin for our right

zippz

Re: Why no lawsuit overreach of the 2A
« Reply #3 on: January 04, 2024, 10:31:56 PM »
Lawsuits are difficult to do, and very difficult to do well.
The attorney doesn't just fill out some forms and submit them. The easy lawsuits that get settled quickly take about 50.manhours and cost $25,000.  Difficult and complex lawsuits that go up to the Supreme Court can take a decade, can involve a couple thousand hours of work, and cost a million dollars or more.

Vast majority of attorneys are liberal and wouldn't touch a 2a lawsuit, much less do it pro bono(free for the client). Even less are specialized in 2A litigation.  Only a dozen good ones nationwide.

Then consider the number of 2a lawsuits needed, for each state and feds.

magazine ban
sensitive places
ghost guns
bump stocks.and triggers
assault rifles
open carry
 registration
prohibited persons
red flag
TRO
assault pistols
industry liability
industry marketing
gun store ban
gun range bans
mental health
invasion of privacy
public release.of gun owner registry
good character and temperament requirements
and more....

each attorney can only do a few at a time.

then consider the different levels the lawsuit goes through.  District Court.  Appeals Court.  Appeals Court En Banc.  SCOTUS.  We especially have it hard in Hawaii as every 2A lawsuit gets stopped by the 9th Circuit and it is rare for SCOTUS to take a 2A case.

those are some of the reasons why lawsuits are difficult to do and why we must stop anti gun bills in our legislature instead.

hvybarrels

Re: Why no lawsuit overreach of the 2A
« Reply #4 on: January 05, 2024, 12:21:01 AM »
Why hasn’t there been a lawsuit to get the permit process overturned. This is overreach of our 2nd am I not right ?

The bogus hunters Ed to get a long gun now when will they change to getting a permit for every gun wanting to purchase.
That will be the next nail in the coffin for our right

I'm really glad you brought up these questions. HIFICO needed an FAQ and thanks to this thread a great start has been made.
That's what I appreciate most about the organization, BTW. They take the time to explain things and aren't like "give us your money and leave us alone".
I've learned so much about how the different branches of government work from these guys. It's the civics class I wish they taught us in school.

Sharing is caring, but forced redistribution is communism.

zippz

Re: Why no lawsuit overreach of the 2A
« Reply #5 on: January 05, 2024, 08:22:17 AM »
This may help you to understand the Federal court system and why lawsuits are difficult to win.  The main issue is the makeup of the judges at the district and 9th circuit court level.  Republican appointed judges prior to Trump tend to support the 2A.  Democrat appointed judges are opposed to the 2A.  Trump Judges tend to be stronger 2A supporters due to him ignoring State judge recommendations for and instead he just nominated who he wanted, more conservative judges.


At the district court level, we've won some cases with Democrat appointed judges because of Bruen and our attorneys putting together a good case.  In Hawaii, some of the Democrat judges swing moderate.  However even with this, it's a struggling uphill battle.  In California they have 4 district courts, so 2A orgs tend to file their cases in San Diego where Judge Saint Benitez resides.  In Hawaii we only have one district court so everything must be filed in Honolulu.

At the 9th Circuit court level it's the luck of the draw for a 3 judge panel.  Sometimes we'll get a conservative majority panel, but the odds say we'll likely get a liberal panel.  At the 11 judge en banc level, the odds are like 95% it'll be a liberal majority panel.  Judges in the 9th Circuit tend to be very liberal which is why no 2A cases are won there.  The 9th Circuit liberal judges will go out of their way to ensure no 2A decisions are won there.  Any 2A decision won at the 3 judge panel level will be taken to 11 member en banc panel.  En banc 11 judge panels are supposed to be uncommon to rare, however all winning 2A cases will be taken 11 judge en banc so they can kill it.




« Last Edit: January 05, 2024, 09:18:53 AM by zippz »