Well, understand that anyone can express something less than perfectly articulated.
While, in reflection, if I had the moment to do over again, I would have articulated my point with more precision.
All you have to do is adjust the not perfectly worded comment to align with it being 'indirect'.
On that point, now with more precision, which you are spinning as 'moving the goalpost', which you will do if your purpose is to not find the truth, but only to prove people wrong, nitpicking on a detail, aka 'pettifogging', which doesn't really change my point, since the outcome is almost the same. Indirect isn't as strong as direct, but note that the entire legal doctrine of
penumbra reasoning is aligned with the fact that there are many things not written in the constitution, which are ruled constitutional, under that doctrine. Surely that would leave enough room to accommodate 'indirect'. But the question then becomes, are you capable of that kind of discernment? That kind of discernment would be required of any judge, of that I'm certain.
If the Supreme Court hasn't specifically repealed a regulation, or a lower courts upholding of a regulation, then the ruling and/or the law is still in effect in a given state until it is challenged and ruled on, or the state's legislature repeals and/or replaces the law. I'm not certain that this idea that a Supreme Court ruling strikes down laws it doesn't mention is correct, I mean, what legal doctrine is that idea based on? Is that what you are asserting? Now then, if the Supreme Court renders a ruling, and the ruling appears to affect enacted laws, but does not mention them, if those laws in those states someone does challenge them, the attorneys, before the Supreme Court, will have a much easier time persuading the court, and I will accept that premise. But until then, those unmentioned laws stand in effect. That is my understanding of the status quo on rulings. I believe that the reason this is true is that every case has it's own circumstances, which could vary just enough where there simply cannot be 'blanket rulings repealing blocks of laws'. Take the Roe ruling. I didn't shoot down state laws banning abortions, but states were now free to enact new laws banning them. That's how it works, as I understand the law. In the mean time, there are many laws regulating firearms that have been enacted at the federal and state levels that have not been struck down, as I understand the law, by the Supreme Court since the Miller decision in 1939. Here are some examples:
- National Firearms Act (NFA): The NFA is a federal law that regulates the manufacture, sale, and possession of certain firearms, including machine guns, short-barreled shotguns, and suppressors. The Supreme Court upheld the NFA in United States v. Miller (1939), which held that the Second Amendment protects the right to bear arms that are "in common use" and have "some reasonable relationship to the preservation or efficiency of a well-regulated militia." The Court found that sawed-off shotguns did not meet this standard and thus were not protected by the Second Amendment.
- Gun Control Act (GCA): The GCA is a federal law that regulates firearms dealers and prohibits the sale of firearms to certain categories of people, including convicted felons, domestic abusers, and the mentally ill. The Supreme Court upheld the GCA's restrictions on felons and the mentally ill in District of Columbia v. Heller (2008), finding that these restrictions were "presumptively lawful" and consistent with the Second Amendment.
- Assault Weapons Ban: Several states have enacted laws that ban the sale or possession of assault weapons, which are defined as firearms with certain military-style features. These laws have generally been upheld by the lower courts. However, the Supreme Court has not yet addressed the constitutionality of assault weapons bans.
- Concealed Carry Restrictions: Many states require individuals to obtain a permit or license to carry a concealed firearm in public. These laws have generally been upheld by the courts as consistent with the Second Amendment, although some states have been challenged for imposing strict requirements for obtaining a concealed carry permit.
State assault weapons regulations since Miller which Heller has not struck down; Several states have enacted laws regulating assault weapons, including bans on their sale or possession. Here are some examples:
- California: California has a law banning the sale, transfer, and possession of certain types of assault weapons, including rifles with detachable magazines and certain military-style features. This law has been upheld by the Ninth Circuit Court of Appeals in Duncan v. Becerra, 9th Cir. 2019. The court held that the law did not substantially burden the core Second Amendment right of individuals to possess firearms for self-defense in the home, and that it served a substantial government interest in promoting public safety.
- Maryland: Maryland has a law banning the sale, transfer, and possession of certain types of assault weapons and large-capacity magazines. This law has been upheld by the Fourth Circuit Court of Appeals in Kolbe v. Hogan, 849 F.3d 114 (4th Cir. 2017). The court held that the law was a reasonable regulation of the Second Amendment right and did not impose a substantial burden on the right of self-defense.
- Connecticut: Connecticut has a law banning the sale and possession of certain types of assault weapons, including firearms with certain military-style features. This law has not been directly addressed by the federal courts, but it was upheld by the Connecticut Supreme Court in State v. Miller, 326 Conn. 749 (2017). The court held that the law did not violate the Second Amendment and was a reasonable regulation of firearms that served a substantial government interest in promoting public safety.
- New Jersey: New Jersey has a law banning the sale, transfer, and possession of certain types of assault weapons, including firearms with certain military-style features. This law has been upheld by the Third Circuit Court of Appeals in Association of New Jersey Rifle and Pistol Clubs v. Attorney General of New Jersey, 910 F.3d 106 (3d Cir. 2018). The court held that the law did not substantially burden the core Second Amendment right of individuals to possess firearms for self-defense in the home, and that it served a substantial government interest in promoting public safety.
These are just a few examples of firearms regulations that have been enacted and upheld by the courts since the Miller decision. It is important to note that the constitutionality of any particular firearms regulation will depend on the specific facts and legal issues involved in each case, and the Supreme Court's interpretation of the Second Amendment has evolved over time.
I write the above with this caveat: The above is based on my layman's understanding of the law. Feel free to prove me wrong. I am learning as I go, and acknowledge that I can be wrong, but this is my current understanding.