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Divided PA Supreme Court: Governor can shut down firearms dealers during Coronavirus emergency.

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
557
https://reason.com/2020/03/22/divid...irearms-dealers-during-coronavirus-emergency/
Josh Blackman said:
.I'll close with a policy argument. Our society is veering towards uncharted waters. At some point, I worry that civil unrest will spread. And I am not confident that first responders will be able to handle violence, looting, and other forms of crime. Indeed, the very act of arresting a person requires physical contact with a person who may be symptomatic. Business in Philadelphia, Chicago, and across the country are alreadyboarding up their windows. The right to bear arms for defense is especially important in such times of conflict. You may dial 9-11, and the response is, "sorry, we can't help right now." At that point, Governor Wolf's executive order will not provide any protection. A functional firearm will be far more useful than a pallet of toilet paper.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,779
Location
here nc
the mentality of closing FFLs down due to self proclaimed governmental perceived emergency[ies] was and is getting more pervasive and if members remember in 2011ish NC citizens successfully won in the NC SC for citizens to retain the right to be armed during NC 's frequent SoEs - before snow storms & hurricanes, etc.

ABQ city/county administrators attempted through ordinance to close down FFLs but was soundly defeated!

Twas surprising the IL governor reacted as they did by declaring FFLs 'essential'...truly quite surprising!

What's not reported by your illustrious newspeek blog dougie...what are the ramifications of those US firearm owning citizens [read carriers & hunters] in those areas under pseudo martial law 'quarantine', e.g. New Rochelle, SF, etc.

a question who when firearm retailers are shuttered by government order is going to protect and be liable for the FFL's stock?

"...that civil unrest will spread..." does the illustrious Mr Blackman, know of civil unrest not being reported to this Nation's citizens or is this individual giving a secret message to unknown agent provocateur or organizations to spread mayhem and begin sedition activities amoungst the citizenry against this Nation? [now where is my private number to US AG Barr ?:rolleyes:]
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,383
Location
Cincinnati, Ohio, USA
This is why you can’t trust attorneys. The following quote is from Governor’s answer to the petition.
C. The Governor’s Order does not abridge the right to bear arms.

Petitioner’s argument that the Governor’s Order somehow impinges upon the right to bear arms is without merit. “Like most rights, the right secured by the Second Amendment is not unlimited.” District of Columbia v. Heller, 554 U.S. 570, 626 (2008). As the U.S. Supreme Court explained in Heller, “nothing in our opinion should be taken to cast doubt on . . . laws imposing conditions and qualifications on the commercial sale of arms.” Heller, 554 U.S. at 626.
The quote conveniently leaves out the reference to Footnote 26. Here is the complete quote.
Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.[26]
Now, let’s look at the Footnote 26.
[26] We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive.
Black’s Law Dictionary, 5th.
Presumptive evidence. Prima facie evidence or evidence which is not conclusive and admits of explanation or contradiction; evidence which must be received and treated as true and sufficient until and unless rebutted by other evidence, i.e., evidence which a statute says shall be presumptive of another fact unless rebutted. See Presumption; Prima facie evidence.
So, in this particular footnote is the Court attempting to mislead or are they placing this footnote to clarify? The answer is to clarify.

Footnotes are ignored when they don’t help your argument and used to support your argument, but footnotes are there for a reason, to instruct or clarify.

What the court is saying is that their opinion is just that, an opinion, dictum. Their opinion remains open to be challenged.
 

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
557
PA Governor: Marshmallow Peeps are "Life-Sustaining," production can continue during COVID-19 Emergency
.Tom Wolf, the Governor of Pennsylvania maintains that licensed firearm dealers are not "life-sustaining" businesses. Therefore, they must shutter during the COVID-19 emergency. But, thankfully, the Peeps factory in Bethlehem, PA can remain open. Yes, the popular marshmallow candy is "life-sustaining."
 
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