View Poll Results: See OP for 2-pat question

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  • The court will hear the case (or one like it)

    11 50.00%
  • The court will NOT hear the case (or one like it)

    1 4.55%
  • The court will incorporate the 2nd against the states

    8 36.36%
  • The court will NOT incorporate the 2nd against the states

    4 18.18%
  • Other

    2 9.09%
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Thread: Will the SCotUS incorporate the 2nd amendement against the states?

  1. #31
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    Re: Will the SCotUS incorporate the 2nd amendement against the states?

    Quote Originally Posted by Catman View Post
    The individuals right to bear arms is sacrosanct. No court will ever try to take those rights away.
    Until Heller, almost every Circuit Court of Appeals did exactly that. A few of them changed their minds along the way.
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    Re: Will the SCotUS incorporate the 2nd amendement against the states?

    Just like the ban on guns in DC this ban will fail.

    The SCOTUS is duty bound to throw it out. The court that upheld the ban will be made a mockery of.

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    Re: Will the SCotUS incorporate the 2nd amendement against the states?

    Quote Originally Posted by Harshaw View Post
    Until Heller, almost every Circuit Court of Appeals did exactly that. A few of them changed their minds along the way.
    This is why the SCOTUS will eventually overturn the ban.

  4. #34
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    Re: Will the SCotUS incorporate the 2nd amendement against the states?

    SCOTUS has to hear the case. Chicago will win. They have a case by case account of 1000's of handgun and assault rifle deaths to back up the ban. They court may allow shotguns and rifles for sport but guns made for killing people I think they will draw the line. Get ready to them them over or do the time Chicago. A good law for a severe problem.
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    Re: Will the SCotUS incorporate the 2nd amendement against the states?

    Quote Originally Posted by Inferno View Post
    They have a case by case account of 1000's of handgun and assault rifle deaths to back up the ban.
    Crime is already illegal. None of that crime story emotional appeal is even a consideration to the issue at hand, which is a Constitutional right being violated by a MUNICIPALITY ?? The code's violation of the Constitution is what is at issue, and crime stats, high or low, are simply superflous to the discussion. There is no magic number of crimes that turns the Constitution off.

  6. #36
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    Re: Will the SCotUS incorporate the 2nd amendement against the states?

    Quote Originally Posted by Voidwar View Post
    Crime is already illegal. None of that crime story emotional appeal is even a consideration to the issue at hand, which is a Constitutional right being violated by a MUNICIPALITY ?? The code's violation of the Constitution is what is at issue, and crime stats, high or low, are simply superflous to the discussion. There is no magic number of crimes that turns the Constitution off.
    The City of Chicago will win. I believe that Scotus will hear the case and decide in favor of the City. If they don't hear the case the City has already one. Pack up the guns in Chicago they are gone gone gone.
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  7. #37
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    Re: Will the SCotUS incorporate the 2nd amendement against the states?

    Quote Originally Posted by Inferno View Post
    SCOTUS has to hear the case. Chicago will win. They have a case by case account of 1000's of handgun and assault rifle deaths to back up the ban. They court may allow shotguns and rifles for sport but guns made for killing people I think they will draw the line. Get ready to them them over or do the time Chicago. A good law for a severe problem.
    In 2003, Chicago, a city with 2,898,374 people, had 598 homicides, for a rate of one homicide per 4,846 inhabitants.

    In 2007, Washington DC, a city with 563,384 people, had 248 homicides, for a rate of one homicide per 2,271 inhabitants.

    Despite a homicide rate double the rate of Chicago's, Washington's handgun ban was overturned in the Heller decision.

    Your thesis seems somewhat less than persuasive.

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    Re: Will the SCotUS incorporate the 2nd amendement against the states?

    Realllllllly. Let's see some (any?) of these documented cases of "assault rifle deaths."
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    Question Re: Will the SCotUS incorporate the 2nd amendement against the states?

    Quote Originally Posted by Inferno View Post
    The City of Chicago will win. I believe that Scotus will hear the case and decide in favor of the City. If they don't hear the case the City has already one. Pack up the guns in Chicago they are gone gone gone.
    Why was my post quoted, yet not addressed at all ?

  10. #40
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    Re: Will the SCotUS incorporate the 2nd amendement against the states?

    Quote Originally Posted by Scarecrow Akhbar View Post
    No, less accurate, (that means more wrong, less correct, not as right, wronger, etc, if you need synonymous concepts)

    If you've ever read the Second Amendment, you probably noticed that it says "right of the people", not "the right of the several states".

    That means the people get the guns, not the states. The only reason people pretend the Second Amendment means "states" where it says "people" is that they can't tell the truth to themselves and continue supporting the positions they do.

    Heller re-affirmed the correct notion that the Second Amendment grants gun ownership as an individual right, not some kind of state preserve to be doled out as the local yokels desire.
    I agree that it's an individual right, but it's an individual right as against the federal government, not the states.

    Quote Originally Posted by Harshaw View Post
    No. The Constitution says "the States" when it means "the States" and "the People" when it means "the People." There is no other provision of the Constitution where "the People" is taken to mean "the States." None. In fact, the Ninth Amendment differentiates between the two in the same sentence.
    Are you arguing that the 2nd Amendment was applicable to the states even before the 14th Amendment? It's pretty well settled law that that's not the case.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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