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Redbeard

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Re: You can own a handgun in all 50 states
Reply #40 - Jun 28^th, 2010 at 8:12pm

Quote:

Well played.

Here is a more complete version of the ruling!! This is major!!

http://news.yahoo.com/s/ap/20100628/ap_on_bi_ge/us_supreme_court_guns

In the guns case, Justice Samuel Alito said for the court that the Second Amendment right "applies equally to the federal government and the states."

The court was split along familiar ideological lines, with five conservative-moderate justices in favor of gun rights and four liberals opposed. Roberts voted with the majority.

Two years ago, the court declared that the Second Amendment protects an individual's right to possess guns, at least for purposes of self-defense in the home.

That ruling applied only to federal laws. It struck down a ban on handguns and a trigger lock requirement for other guns in the District of Columbia, a federal city with unique legal standing. At the same time, the court was careful not to cast doubt on other regulations of firearms here.

Gun rights proponents almost immediately filed a federal lawsuit challenging gun control laws in Chicago and its suburb of Oak Park, Ill., where handguns have been banned for nearly 30 years. The Brady Center to Prevent Gun Violence says those laws appear to be the last two remaining outright bans.

Lower federal courts upheld the two laws, noting that judges on those benches were bound by Supreme Court precedent and that it would be up to the high court justices to ultimately rule on the true reach of the Second Amendment.

The Supreme Court already has said that most of the guarantees in the Bill of Rights serve as a check on state and local, as well as federal, laws.

Monday's decision did not explicitly strike down the Chicago area laws. Instead, it ordered a federal appeals court to reconsider its ruling. But it left little doubt that the statutes eventually would fall.

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Duane now avaliable in plaid Hardhat LNF Bunker Online I'm Harry. Really I am! Posts: 103,123 Knepper On The Green	Re: You can own a handgun in all 50 states Reply #41 - Jun 28^th, 2010 at 8:16pm Redbeard wrote on Jun 28^th, 2010 at 8:01pm: Well were dose that leave the libs old tired argument of a well regulated militia? Seems to me that that was just shot full of holes!
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TheFirstRule Hardhat Offline Only a fool hopes and fails to prepare. Posts: 10,294	Re: You can own a handgun in all 50 states Reply #42 - Jun 28^th, 2010 at 8:20pm It is unfortunate that it had to come down to this. Not a hundred years ago, this would have never been needed.
Back to top	The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. &&Thomas Jefferson &&&&Tears of modern liberal politicians works almost as well.&&TheFirstRule IP Logged

Redbeard

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Obama- he lies!!

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Re: You can own a handgun in all 50 states
Reply #43 - Jun 28^th, 2010 at 9:10pm

My read on this ruling and some of the prior ones goes way beyond the second amendment but reaffirms your basic rights in the bill on rights in all state and local law! IE religion, the right to assembly,etc if local laws restrict these rights the federal court is now required to rule on those codes!! This is refreshing considering what we've seen with this administration shredding of our constitution!! Undecided

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JDD

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I love YaBB 1G - SP1!

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Re: You can own a handgun in all 50 states
Reply #44 - Jul 3^rd, 2010 at 2:58pm

Quote:

(1) If you would be so kind to show me where in the Bill of Rights abortion is mentioned, then you would have a valid point, but you don't!

(2) Where the Constitution is concerned, they are water and oil, both are fluid, but neither mix in the bigger scheme of things.

(1) Thats my point Solar, it isn't. yet the SCOTUS makes it law of the land through their interpretation of the founders intentions a few hundred years ago whether in the bill o rights, or constitution itself ?

(2) True, but SCOTUS has a way of blending over the years to make things come out the way they prefer... libs go left with their preferences, conservatives go right with theirs

The point I tried to make initially in the thread is that various SCOTUS members over the years have varying view points on matters of the founders. Recent newspaper article gives example (I quote an excerpt):

"For decades, despite polls showing Americans believed in an individual right to bear arms, most federal judges ruled that the Second Amendment covered only the right of state militia's, such as National Guards. That changed when justices ruled definitively in 2008 there is an individual right to firearms in the home for personal safety"

Then forum members scolded me advising there's a difference between Constitution and Bill o Rights.... I know there is but when it comes to SCOTUS they will often blend to come out their way as the former federal judges did for years the article speaks of

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Shooterman

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Re: You can own a handgun in all 50 states
Reply #45 - Jul 3^rd, 2010 at 5:30pm

JDD wrote on Jul 3^rd, 2010 at 2:58pm:

(1) Thats my point Solar, it isn't. yet the SCOTUS makes it law of the land through their interpretation of the founders intentions a few hundred years ago whether in the bill o rights, or constitution itself ?

(2) True, but SCOTUS has a way of blending over the years to make things come out the way they prefer... libs go left with their preferences, conservatives go right with theirs

The point I tried to make initially in the thread is that various SCOTUS members over the years have varying view points on matters of the founders. Recent newspaper article gives example (I quote an excerpt):

"For decades, despite polls showing Americans believed in an individual right to bear arms, most federal judges ruled that the Second Amendment covered only the right of state militia's, such as National Guards. That changed when justices ruled definitively in 2008 there is an individual right to firearms in the home for personal safety"

Then forum members scolded me advising there's a difference between Constitution and Bill o Rights.... I know there is but when it comes to SCOTUS they will often blend to come out their way as the former federal judges did for years the article speaks of

Exactly why the Law of The Case should never become The Law of The Land.

It is not a judge's or Justice's place to make law. That is reserved for the Congress.

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We have computers and Boeing 747s because the North won the Civil War- Thomas Paine December 2010&&&&&&&&

We should not fall into the trap of taking ourselves too seriously. Shooterman 1935-

&&&&The United States is entirely [354 U.S. 1, 6] a creature of the Constitution.

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Running Deer LNF Representative2 LNF Bunker Offline Disloyal Opposition Posts: 2,798 Gender:	Re: You can own a handgun in all 50 states Reply #46 - Jul 8^th, 2010 at 8:05pm Shooterman wrote on Jul 3^rd, 2010 at 5:30pm: Exactly why the Law of The Case should never become The Law of The Land. It is not a judge's or Justice's place to make law. That is reserved for the Congress. What should the courts do when presented with a law that is unconstitutional?
Back to top	"If cousins, I would much prefer to marry one my Neanderthal relatives than a screeching chimpanzee which might bite my face off as has happened recently. Of course, chimps are not even a human species so procreation between humans and chimps is out of the question." - joe_christian, on sex IP Logged

Shooterman LNF Speaker LNF Bunker Offline 2009 LNF libertarian of the year. Posts: 23,207	Re: You can own a handgun in all 50 states Reply #47 - Jul 10^th, 2010 at 6:18pm Running Deer wrote on Jul 8^th, 2010 at 8:05pm: What should the courts do when presented with a law that is unconstitutional? Read this and make up your own mind. http://rcarterpittman.org/essays/judiciary/Law_of_the_Land.html
Back to top	We have computers and Boeing 747s because the North won the Civil War- Thomas Paine December 2010&&&&&&&& We should not fall into the trap of taking ourselves too seriously. Shooterman 1935- &&&&The United States is entirely [354 U.S. 1, 6] a creature of the Constitution. IP Logged

gary86

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Re: You can own a handgun in all 50 states
Reply #48 - Oct 22^nd, 2010 at 11:41am

First off, and I do hope that JDD agrees with me here as I assume that JDD is a lawyer, most SCOTUS decisions are 5/4 or 6/3 while very very few are 9/0. This is because of the process that only brings cases with good contrversy and important constitutional principals to the Court.

Furthermore, if you study the history of free speach you will find that it was decided along 5/4 lines for over 100 years and we are still hearing free speach cases that come to SCOTUS from time to time. Most of us would consider free speach to be settled law but is it?

This is only the 3rd true 2nd Amendment case. Miller, the first, was decided with no one representing Miller because he had passed away before the case was heard, along the lines that since a sawed off shotgun was not part of military kit it was not protected by the 2nd. Now a good lawyer could spend some time and take apart a lot of current gun laws using the logic that militia, read that military, weapons are the ones most protected. Since the militia owns their personal weapons does a case for owning an M-16 seem interesting?

This case is a follow up to the DC case. Since the DC case only appled to the District a case from a state had to be heard. It was and since the DC case established that gun ownership was an inumerated right that the Chicago law was unconstitutional. We have some more cases to come up before we get to were the 2nd really is.

The 2nd not only talks about keeping, that is owning and having in our homes, arms, but it also talks about bearing, that is having on our person, arms. Soon we will see that these laws will come up. Now that the 2nd has been ruled an inumerated personal right it will soon be ruled a fundemental right. Then strict scrutiny will apply. That will be a great day.

Can you imagine both the FFA and the GCA being ruled unconstituional? I can and soon.

gary

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Still under oath

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ttwtt78640

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Howdy

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Re: You can own a handgun in all 50 states
Reply #49 - May 21^st, 2012 at 6:09pm

You can own a car in all 50 states too. As with the car, you may not drive it on public roadways, in many states, without expensive permission from the state. The state has no authority to infringe upon the right to keep AND BEAR (carry) arms, yet many may now rent that right to you at a very high price, via a CCW permit. Celebrating the partial granting of our constitutional rights in the states is odd indeed. Yes they can!

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Thank you.

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