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mothballed 2 days ago

Even better, if they wait long enough between selections or only do minimal enforcement, then no one has any standing to challenge it (Knife Rights v Garland) even on constitutional grounds.

  Plaintiffs plainly lack standing when they fail to provide evidence that the statutory provision has ever been enforced against them or regularly enforced against others.  
(key word here, regularly enforced against others)

So if you think the law is bullshit the judge can just say you probably won't be prosecuted so you have no imminent fear of prosecution and you can't challenge it.

TimTheTinker 2 days ago | parent [-]

The court's opinion in Knife Rights v Garland upheld a prior opinion where a "credible threat of prosecution" was interpreted to mean that a prosecution had occurred within the last 10 years.

So if a single prosecution (including your own) under the relevant section occurred at any time in the decade prior, that's likely enough to argue standing to challenge that section, provided the other tests of standing are met.

mothballed 2 days ago | parent [-]

It may have been 10 years since a prosecution but it was far less than that since it was enforced.

   On Oct. 1, 2020, federal agents raided the home of an Adams County man.

   They threw flash grenades, handcuffed the homeowner, used a Taser on his dog, confiscated hard drives — and seized $5 million of switchblade knives from locked cabinets in the man’s spacious garage, according to court documents.

   Two and a half years later, government representatives returned the switchblades with the message that they did not intend to pursue the matter further.

   Lumsden on Tuesday filed a federal lawsuit against the United States, alleging the government ruined his online switchblade business by taking his inventory, damaged his property and reputation, injured his dog, and caused him pain, suffering and severe emotional distress.
https://edition.pagesuite.com/tribune/article_popover.aspx?g...

So as long as they only taser your dogs, flashbang your family home, take millions in inventory it's all good as long as there wasn't a successful prosecution and thus there is no standing?

They don't need to actually toss people in prison to get compliance. Tasing their dogs and destroying their business is enough, using an unchallengeable law.

2 days ago | parent | next [-]
[deleted]
throw73738484 2 days ago | parent | prev [-]

This was during covid lockdown. Government imprisoned millions of people and destroyed their business!!!

This stuff is not so shocking any more!!!