• Drivebyhaiku@lemmy.world
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    6 months ago

    So… The law isn’t static. With the previous Supreme Court ruling lending more power to the constitutional right to own and carry guns all those laws that you mentioned that originally banned him no longer have rock solid ground for existing at all.

    Basically a state can pass any law it likes, it’s only once it gets used against someone that it can go through the process of being tested as a valid law by punch testing it’s capacity as constitutional violation. If there is a change to the precedent of the Constitution then then anything still in the appeals process can invoke the law as long as they can bring up reasonable proof that a current trial can support questions of constitutional violations.

    His defense was basically capitalizing on a change in the law to bring into question every gun law on the books that was, prior to the new Supreme Court ruling was considered fairly standard… If the Supreme Court judged the state law in conflict with the new established constitutional interpretation basically the arrest isn’t valid and the persecution would have to reconstruct the case from scratch and re-trial… And creating a domino effect potentially destroying all state gun restrictions. It’s not surprising that they ruled how they did. They’d get so much kickback…