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Thread: US Supreme Court agrees to decide whether Second Amendment forbids local handgun bans

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    US Supreme Court agrees to decide whether Second Amendment forbids local handgun bans

    The US Supreme Court is taking up the question on whether the Second Amendment forbids gun control. This is going to be a very interesting case, and if the Supremes rule according to the Constitution, you are going to see the overturning of gun laws in many states.

    Cross your fingers, folks. And as big of a Bush basher as I have been, I will grant him this - His choices for Supreme Court justices were excellent.

    If the court rules favorably against gun control, it WILL be Bush's fault, and I will be more than proud to say "Well done, Mr. President", for a change.

    Article is here.
    Last edited by danarhea; 09-30-09 at 02:25 PM.
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    Re: US Supreme Court agrees to decide whether Second Amendment forbids local handgun

    Quote Originally Posted by danarhea View Post
    The US Supreme Court is taking up the question on whether the Second Amendment forbids gun control. This is going to be a very interesting case, and if the Supremes rule according to the Constitution, you are going to see the overturning of gun laws in many states.

    Cross your fingers, folks. And as big of a Bush basher as I have been, I will grant him this - His choices for Supreme Court justices were excellent.

    If the court rules favorably against gun control, it WILL be Bush's fault, and I will be more than proud to say "Well done, Mr. President", for a change.

    Article is here.
    This should be very interesting. I would like to think highly of Bush in at least this regard.
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    Re: US Supreme Court agrees to decide whether Second Amendment forbids local handgun

    How is it that the first and fourth amendment are taken so seriously at face value... by the liberals / politicans.


    yet the second amendment continues to fall under scrutiny.. when it's so clearly worded?

    And, didn't the states have to comply with the constitution when they joined the Union? Last I checked the right to keep and bear arms shall not be infringed was still part of the constitution?

    blah.
    George Washington didn't use his freedom of speech to win the war with Britain... He shot them.

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    Re: US Supreme Court agrees to decide whether Second Amendment forbids local handgun

    According to the link, the US Supreme Court agrees to decide whether Second Amendment forbids local handgun bans, not whether or not the Second Amendment forbids gun control

    From Heller, it is clear that it does -- hard to see how the court could rule otherwise
    Last edited by Goobieman; 09-30-09 at 02:46 PM.

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    Re: US Supreme Court agrees to decide whether Second Amendment forbids local handgun

    This is all it says:

    WASHINGTON — US Supreme Court agrees to decide whether Second Amendment forbids local handgun bans.



    Which is what it says in many news outlets, so that's all there is at this point.

    The actual legal questions to be decided are unclear so far. Maybe less than this, may be more.
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    Re: US Supreme Court agrees to decide whether Second Amendment forbids local handgun

    More on the story:

    Supreme Court to take up Chicago gun ban | csmonitor.com

    Washington - Fifteen months after declaring that Americans have an individual right to keep and bear arms, the US Supreme Court on Wednesday agreed to decide an equally important issue – whether that constitutional protection applies not only in federal jurisdictions but in every city, county, and state in the nation.

    The case is important not only because it will be a historic development in the interpretation of the Constitution, but also because it will establish basic ground rules for future gun control efforts.

    An appeals court ruled in the Chicago case that the city's handgun ban did not violate the Constitution because the Supreme Court had not yet declared whether its decision in the Heller case established a fundamental right to guns applicable throughout the US.

    Since Washington is a federal enclave, the Heller decision left open the question of whether the landmark ruling would also invalidate handgun and other weapons bans enacted by city governments such as Chicago.

    The Chicago case hinges on an important feature of constitutional history. When first enacted, the Bill of Rights provided protection against encroachments on individual liberty by the national government. For example, the First Amendment says that Congress shall make no law abridging the freedom of the press. However, it said nothing about restrictions enacted by a state legislature.
    Looks like incorporation is the issue.

    Incorporation of the 2nd against state action would be a great thing.
    Last edited by Goobieman; 09-30-09 at 02:55 PM.

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    Re: US Supreme Court agrees to decide whether Second Amendment forbids local handgun

    The question the Supreme Court has now agreed to answer is whether Second Amendment protections of gun rights also apply to state and local governments.
    There. That's a somewhat broader question.

    It is difficult to see how the Court, consistent with all precedent, could rule that it doesn't.

    The challenge here is not that the ruling in Heller is wrong, but whether or not it applies only to Federal areas. There's no theory under which this could be the case. They could invent one, to be sure, but I find that unlikely.
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    Re: US Supreme Court agrees to decide whether Second Amendment forbids local handgun

    Quote Originally Posted by Harshaw View Post
    There. That's a somewhat broader question.

    It is difficult to see how the Court, consistent with all precedent, could rule that it doesn't.

    The challenge here is not that the ruling in Heller is wrong, but whether or not it applies only to Federal areas. There's no theory under which this could be the case. They could invent one, to be sure, but I find that unlikely.
    Agree fully. Hard to see how this could NOT go that way, especially given the current memebers of the court.

    Will be interested to read what the USDoJ files in its brief.

    Does anyone have an argument -against- incorporation?
    Last edited by Goobieman; 09-30-09 at 03:00 PM.

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    Re: US Supreme Court agrees to decide whether Second Amendment forbids local handgun

    The federal gov't isn't a party, so there's no reason for DoJ to file a brief, except as an amicus brief.

    Will have to explore this further:

    In upholding the Chicago handgun ban, the appeals court in Chicago cited Supreme Court decisions dating from the late 1800s that the Second Amendment applied only to the national government.
    Given the cases I suspect they cited, this is particularly weak.
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    Re: US Supreme Court agrees to decide whether Second Amendment forbids local handgun

    Quote Originally Posted by Harshaw View Post
    The federal gov't isn't a party, so there's no reason for DoJ to file a brief, except as an amicus brief.
    That's what I mean.

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