Jump to content

SCOTUS Accepts!


dorvinion

Recommended Posts

It is not a right to keep and carry any weapon whatsoever in any

manner whatsoever and for whatever purpose: For example, concealed

weapons prohibitions have been upheld under the Amendment

or state analogues. The Court’s opinion should not 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. Miller’s holding that the sorts of weapons protected are those

“in common use at the time” finds support in the historical tradition

of prohibiting the carrying of dangerous and unusual weapons.

Pp. 54–56

Sounds like we still have our work cut out for us :frantics:

Link to comment
Share on other sites

Im disapointed that scalia admits that certain bans on concealed weapons are probably lawful and they didnt strike down the fact that heller needed a permit to carry in his own home or the registration to own the gun...this could be bad news for us. Unless someone sues to overturn those statutes. Heller never directly challenged the permit system, he just wanted DC to issue him a permit, so that looks like another fight well have to deal with in the future.

 

Okay, I'll go with banning CC if we get Open carry. What else would Bear Arms mean? Unless it means that we can keep grizzly bear arms...

Link to comment
Share on other sites

Im disapointed that scalia admits that certain bans on concealed weapons are probably lawful and they didnt strike down the fact that heller needed a permit to carry in his own home or the registration to own the gun...this could be bad news for us. Unless someone sues to overturn those statutes. Heller never directly challenged the permit system, he just wanted DC to issue him a permit, so that looks like another fight well have to deal with in the future.

 

agreed.

 

there doesn't seem to be a clear cut provision for the constitutional right to "conceal carry"

 

but it does mean that chicago's handgun ban is directly addressed, so that is awesome news since we can at least start chipping away at totalitarianism.

 

and we get american citezenship used to, and comfortable with guns as a means to keep the peace and thwart crime, we'll be on to something!

Link to comment
Share on other sites

so far it sounds good but I need to read over it in the next few days to be sure there is nothing in the fine print BUT if Scalia wrote it I feel alot better about it already.

 

As long as it all checks out I think one of the very last lines of checks and balances the founders gave us worked today!

 

I just hope we dont have to keep fighting this whole 20 rds vs 10 rds bs but we probobly will. :frantics:

Link to comment
Share on other sites

Justice John Paul Stevens wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons."

 

He said such evidence "is nowhere to be found."

 

SHALL...NOT...BE...INFRINGED

Link to comment
Share on other sites

so far it sounds good but I need to read over it in the next few days to be sure there is nothing in the fine print BUT if Scalia wrote it I feel alot better about it already.

 

As long as it all checks out I think one of the very last lines of checks and balances the founders gave us worked today!

 

I just hope we dont have to keep fighting this whole 20 rds vs 10 rds bs but we probobly will. :frantics:

 

 

But a strong argument is: We issue our police officers weapons that hold more than 10 rounds in order for them to be able to protect themselves.

 

How can you predict in a self defense situation, how many rounds you will need and how many assailants you may have?

 

If we knew that.... the police could dump the 911 phone system and start calling the physic hotline. :clap:

Link to comment
Share on other sites

It appears to me that the court only addressed what they had to . . . saying that it was an individual right to own a gun . . . striking down the D.C. gun ban.

 

That said . . . all other existing gun laws would remain as is . . . in that they were not addressed by the court. This is not saying that the court says other gun laws are legal or not . . . just that the court has not addressed them . . . so they have not been declared legal or illegal.

 

Correct ?

Link to comment
Share on other sites

reading over the syllabis (dont have time right now to read farther) I am disappointed by the language that does legitimize registration BUT that was not the source of the case but rather heller sued over not being granted a permit for a gun, he did not sue for not being able to own a gun without registration :frantics: :clap:

 

 

The silver lining does however look good in the language that says "guns commonly chosen by the people for self defense" so if everyone owns an AR they really cant ban it outright (alot of grey area but does give us a leg to stand on).

 

 

overall I have very mixed feeling because it still leaves us wide open for registration (as I can tell so far) BUT if the issue of registration came before this same court I think they may strike it down as well since they spoke of "right of the people" as it pertains to the 1st, 4th, & 9th amendment stating that it applied to the individual so they might strike down registration if the case came before them but it hasnt so we are still vulnerable right now to registration :clap:

Link to comment
Share on other sites

It appears to me that the court only addressed what they had to . . . saying that it was an individual right to own a gun . . . striking down the D.C. gun ban.

 

That said . . . all other existing gun laws would remain as is . . . in that they were not addressed by the court. This is not saying that the court says other gun laws are legal or not . . . just that the court has not addressed them . . . so they have not been declared legal or illegal.

 

Correct ?

 

That's my take on it, Sticks, and as I have said over and over again, to expect any more was to set oneself up for disappointment.

Link to comment
Share on other sites

Ragerding Carry...

Without the preposition, “bear arms” normally meant (as it continues to mean today) what JUSTICE GINSBURG’s opinion in Muscarello said.
In Muscarello v. United States, 524 U. S. 125 (1998), in the course of analyzing the meaning of “carries a firearm” in a federal criminal statute, JUSTICE GINSBURG wrote that “urely a most familiar meaning is, as the Constitution’s Second Amendment . . . indicate: ‘wear, bear, or carry . . . upon the person or in the clothing or in a pocket, for the purpose . . . of being armed and ready for offensive or defensive action in a case of conflict with another person.’ ”
Link to comment
Share on other sites

Found my favorite paragraph in the ruling so far...

Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.” As we said in United States v. Cruikshank, 92 U. S. 542, 553 (1876), “[t]his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second amendment declares that it shall not be infringed . . . .”16
Link to comment
Share on other sites

Why do i have a feeling, that the vast majority of people that identify as "anti gun," probably have no clue this was just rules. While the fact majority of people that identify as "pro gun rights" do?

 

Anyway

 

so, should we pass out some beers?

 

Guinness for everyone!! :frantics:

Link to comment
Share on other sites

"Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation." That might give us the right to open carry in a future case seeing as concealed carry was often seen as taboo...I think this decision could strike down the 86 MG ban and the $200 tax. The court ruled against poll taxes for voting as an undue burden on the right to vote, so how is a special tax on a firearm not an undue burden on the right to keep and bear arms? Also if the amendment protects firearms in common use, if someone makes the argument that MGs aren't in common use because of the ban, and they probably would be if there was no ban...we know Alito is in favor of overturing the MG ban from a dissenting decision he made on the appellate court. Registration was directly addressed here so it will be another battle, and so is the permit for carrying in the home. I dont see how that could survive under a 4th amendment review.
Link to comment
Share on other sites

Found my favorite paragraph in the ruling so far...
Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.” As we said in United States v. Cruikshank, 92 U. S. 542, 553 (1876), “[t]his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second amendment declares that it shall not be infringed . . . .”16

 

 

Thanks for that post,woodc4ip,I hadn't seen that.That paragraph gives me a little more confidence in our situation,and I am sure,more legislative ammunition. :frantics:

Link to comment
Share on other sites

Why do i have a feeling, that the vast majority of people that identify as "anti gun," probably have no clue this was just rules. While the fact majority of people that identify as "pro gun rights" do?

 

Anyway

 

so, should we pass out some beers?

 

Guinness for everyone!! :clap:

 

"CELEBRATE, CELEBRATE, Dance to the Music"! I'm celebrating and dancing right now! :clap: Yep! This IS :frantics: :yes1: :clap:

Link to comment
Share on other sites

Why do i have a feeling, that the vast majority of people that identify as "anti gun," probably have no clue this was just rules. While the fact majority of people that identify as "pro gun rights" do?

 

Anyway

 

so, should we pass out some beers?

 

Guinness for everyone!! :clap:

 

Yuk! :clap: Guinness tastes like coffee grounds.

 

I'll take a MGD please. :frantics:

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...