Agreed. Regardless of the outcome, from the 2nd Circuit, it's going to SCOTUS. the 2nd Circuit will not rule 100% of the CCIA as invalid; so, both sides will be unhappy and appeal to SCOTUS. NYS knows it's going to loose, in the long run but will drag it out.
Agreed. If Second Circuit were to rule 100% of CCIA unconstitutional, neither side would appeal. We would be happy with the win (and thus no grounds for appeal) and NYS would not want such a decision imposed on the whole country by SCOTUS....which as you said is going to happen because we will still get a decision that isn't that great and we will need to charge ahead.
Would other states like New Jersey and Hawaii be able to use such a theoretical ruling to prevail in their own districts and states?
NJ and Hawaii could use all or part of the 2nd Circuit's ruling to justify their anti-2A position, if the 2nd Circuit doesn't rule 100% of the CCIA invalid. However, whatever is the SCOTUS' ruling, it's binding on the whole country.
Well in my theoretical ruling (100% against CCIA) every regulating state in the Second Circuit would be screwed with that as a precedent. But states outside of it like Hawaii and New Jersey wouldn't be bound. Nevertheless, and regardless of the decision, they could use it as a road map of what to do and not do--whether they cite it or not.
Thanks. I thought there was a specific non-binding precedent that I couldn't remember the name of. As much as I'd love to just be done with this sooner than later, it'd be nice to play fair in the sandbox with everyone.
Hi Stalker442 - The non-binding thing is called 'Persuasive Authority" - in which a ruling from one Fed Circuit Court (which enjoys Mandatory binding within that circuits area) is treated as having Persuasive Authority in other courts outside that circuit. Persuasive authority refers to cases, statutes, regulations, or secondary sources that the court may follow but does not have to follow. It gets more complicated when dealing with relationships between state, fed and SCOTUS. see table.
A one sentence summary would be nice. I mean I like this guy a lot more than Armed Scholar who I don't watch without someone I trust vetting it first, but is this a video to watch now, this weekend, next week, or eventually?
There are few minor amendments to the CCIA in the 2023-24 budget proposal. Nothing major but a cursory recognition that the legislation was rushed through.
Thanks Paul. Much appreciated. Will take a look at it this weekend.
