
Originally Posted by
theGinsue
We just had a member start a thread in this forum about "Gun Confiscation Case Law". While it is definitely valuable information to be aware of, I need to stress that there is a difference between "gun confiscation" and "prohibition on carry/possession".
Gun confiscation, during times of emergency, has been prohibited under Public Law 109-295.
While SCOTUS has several rulings on prohibitions on carry and possession, it's restrictions are not as clear cut as 109-295. I absolutely expect legal challenges to this NM prohibition, which (in my humble opinion) will likely succeed on the plaintiff's behalf.
Unfortunately, states and municipalities continue to either ignore or misinterpret SCOTUS decisions from New York State Rifle & Pistol Association v. Bruen (2022), McDonald v. City of Chicago (2010), and District of Columbia v. Heller (2008).
The sad reality of these SCOTUS decisions is that they are intentionally vague in many ways, leaving them open to various interpretations. SCOTUS has been unwilling to write an unambiguous, clear cut, no holds barred line in the sand decision. Because of this, governments at all levels within the U.S. continue to pass un-Constitutional infringements on our Second Amendment rights. Unless and until SCOTUS steps up to do the right thing, these infringements will continue.
ETA:
Since plain language is not understandable by our elected officials, I thought I'd add these 2 items:
Amendment II of the United States Constitution
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Infringe (verb)
Verb Forms:
past simple: infringed
past participle: infringed
[transitive] infringe something (of an action, a plan, etc.) to break a law or rule
[transitive, intransitive] to limit somebody’s legal rights