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SCOTUS Says Americans Have Right to Own Guns!

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Post by Stephanie Thu Jun 26, 2008 1:20 pm

http://ap.google.com/article/ALeqM5jZOi0QxIZk7wY8br0MHhsEz-wL-wD91HRVNG0

Hurray! It's a day to celebrate! A victory for liberty! SCOTUS Says Americans Have Right to Own Guns! 197570

Supreme Court says Americans have right to guns





By MARK SHERMAN – 1 hour ago
WASHINGTON (AP) — The Supreme Court ruled Thursday that Americans have a right to own guns for self-defense in their homes, the justices' first major pronouncement on gun rights in U.S. history.
The court's 5-4 ruling struck down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms restrictions intact.
The court had not conclusively interpreted the Second Amendment since its ratification in 1791. The amendment reads: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia.
Writing for the majority, Justice Antonin Scalia said that an individual right to bear arms is supported by "the historical narrative" both before and after the Second Amendment was adopted.
The Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home," Scalia said. The court also struck down Washington's requirement that firearms be equipped with trigger locks or kept disassembled, but left intact the licensing of guns.
Scalia noted that the handgun is Americans' preferred weapon of self-defense in part because "it can be pointed at a burglar with one hand while the other hand dials the police."
In a dissent he summarized from the bench, 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."
Justice Stephen Breyer wrote a separate dissent in which he said, "In my view, there simply is no untouchable constitutional right guaranteed by the Second Amendment to keep loaded handguns in the house in crime-ridden urban areas."
Joining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas. The other dissenters were Justices Ruth Bader Ginsburg and David Souter.
Gun rights supporters hailed the decision. "I consider this the opening salvo in a step-by-step process of providing relief for law-abiding Americans everywhere that have been deprived of this freedom," said Wayne LaPierre, executive vice president of the National Rifle Association.
The NRA will file lawsuits in San Francisco, Chicago and several of its suburbs challenging handgun restrictions there based on Thursday's outcome.
Sen. Dianne Feinstein, D-Calif., a leading gun control advocate in Congress, criticized the ruling. "I believe the people of this great country will be less safe because of it," she said.
The capital's gun law was among the nation's strictest.
Dick Anthony Heller, 66, an armed security guard, sued the District after it rejected his application to keep a handgun at his home for protection in the same Capitol Hill neighborhood as the court.
The U.S. Court of Appeals for the District of Columbia ruled in Heller's favor and struck down Washington's handgun ban, saying the Constitution guarantees Americans the right to own guns and that a total prohibition on handguns is not compatible with that right.
The issue caused a split within the Bush administration. Vice President Dick Cheney supported the appeals court ruling, but others in the administration feared it could lead to the undoing of other gun regulations, including a federal law restricting sales of machine guns. Other laws keep felons from buying guns and provide for an instant background check.
White House reaction was restrained. "We're pleased that the Supreme Court affirmed that the Second Amendment protects the right of Americans to keep and bear arms," White House spokesman Tony Fratto said.
Scalia said nothing in Thursday's ruling should "cast doubt on long-standing prohibitions on the possession of firearms by felons or the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings."
In a concluding paragraph to the his 64-page opinion, Scalia said the justices in the majority "are aware of the problem of handgun violence in this country" and believe the Constitution "leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns."
The law adopted by Washington's city council in 1976 bars residents from owning handguns unless they had one before the law took effect. Shotguns and rifles may be kept in homes, if they are registered, kept unloaded and either disassembled or equipped with trigger locks.
Opponents of the law have said it prevents residents from defending themselves. The Washington government says no one would be prosecuted for a gun law violation in cases of self-defense.
The last Supreme Court ruling on the topic came in 1939 in U.S. v. Miller, which involved a sawed-off shotgun. Constitutional scholars disagree over what that case means but agree it did not squarely answer the question of individual versus collective rights.
Forty-four state constitutions contain some form of gun rights, which are not affected by the court's consideration of Washington's restrictions.
The case is District of Columbia v. Heller, 07-290.

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Post by Aaron Thu Jun 26, 2008 6:27 pm

Stephanie wrote:Writing for the majority, Justice Antonin Scalia said that an individual right to bear arms is supported by "the historical narrative" both before and after the Second Amendment was adopted.

So now the question becomes, does the court interpret the rest of the Constitution in the same manner?
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Post by ziggy Thu Jun 26, 2008 7:37 pm

Stephanie wrote:Hurray! It's a day to celebrate! A victory for liberty! SCOTUS Says Americans Have Right to Own Guns! 197570

A victory for liberty- and for the Constitution. But I repeat myself.
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Post by Aaron Thu Jun 26, 2008 8:04 pm

The constitution remains the same today as it was yesterday. All that has changed is how 5 men interpret it.
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Post by Stephanie Thu Jun 26, 2008 8:17 pm

It's a very good day! Especially for people like me who voted for GWB twice. Two of his nominees were in that majority. Who can say what might have been if AlGore or John Kerry had been the person making those nominations. SCOTUS Says Americans Have Right to Own Guns! 802352
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Post by Aaron Thu Jun 26, 2008 8:50 pm

Who knows? Personally, I don't think much would have happened, at least not with guns. That type of case would have been a lose/lose for a liberal/left leaning court. In the history of the Supreme Court, that is only the 3rd or 4th case that involved the 2nd Amendment and the first (it only took 200+ years to hear this one) that directly involved it.

They can think this doesn't open a Pandora’s box for gun laws though but I think they're wrong. I think within a year, 2 max, the NRA and other advocacy groups will challenge every major gun ban in the United States.
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Post by Aaron Fri Jun 27, 2008 7:42 am

The question isn't what a Gore or Kerry Supreme Court would have done Stephanie. The bigger question is, what would a Gore or Kerry DC Circuit Court have done? 10 of the current 13 judges on the DC court are Republican appointee's, including 3 by GWB.

The lower courts are more of a reflection of Republican control of the Washingtion and the White House for the past 28 years then the Supreme Court is.

This election is important for the Supreme Court as 4 of the judges are over 70 with John Paul Stevens the oldest at 88. The next President will nominate at least 1 new judge and possibly more. With GWB's two appointee's, the court now leans to the right. If John McCain were to win the White House and could add one or two more of that mold, the court would be firmly consertative.
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Post by SamCogar Fri Jun 27, 2008 7:43 am

I forsee the liberal anti-gun lefties attempting to and/or passing State and/or local Laws prohibiting the purchasing, owning and/or transporting of the ammunition for any and all firearms.

Now for instance, the City of Washington, DC may well be forced to issues you a Permit to have a gun on your property, ........ but purchasing said gun and the ammo for it, ....... and transporting both of said to your property ......... just might be a big problem for you.

lol! lol! lol! SCOTUS Says Americans Have Right to Own Guns! 33948


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Post by SheikBen Fri Jun 27, 2008 8:43 am

Stephanie wrote:It's a very good day! Especially for people like me who voted for GWB twice. Two of his nominees were in that majority. Who can say what might have been if AlGore or John Kerry had been the person making those nominations. SCOTUS Says Americans Have Right to Own Guns! 802352

Yes, finally something from the Bush administration that is of value!

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Post by Stephanie Fri Jun 27, 2008 9:05 am

Aaron,

Are you saying you consider John McCain to be a conservative?

Rolling Eyes
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Post by Aaron Fri Jun 27, 2008 9:27 am

On some issues, yes.

Do you think he will appoint what is thougt of as liberal judges in the fram of John Paul Stevens?
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Post by SheikBen Fri Jun 27, 2008 9:27 am

I don't trust John McCain to appoint conservatives (we do well to remember that John Paul Stevens was appointed by a Republican, Gerald Ford--albeit a jackass Republican).

However, I DO trust Barack Obama to appoint horrible judges. So I suppose I'd rather McCain be picking the judges than Obama, but it doesn't mean that I will be voting for him.

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Post by Stephanie Fri Jun 27, 2008 9:54 am

Aaron wrote:On some issues, yes.

Do you think he will appoint what is thougt of as liberal judges in the fram of John Paul Stevens?

I am concerned he will appoint judges that have no respect for individual liberties granted by the Constitution.

As Michael has noted, Stevens was appointed by Ford, who was some sort of Republican and Souter was appointed by GHW Bush.
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Post by Aaron Fri Jun 27, 2008 10:57 am

As Mike pointed out though, there is little doubt of the type of judges BO will appoint.

In all honesty, I would think the pro-life crowd would rally behind McCain. Right now the court is 5-4 with Anthony Scalia the swing vote. And he's not consistent in that he will support one side over another.

The next President will likely appoint at least one Judge. If it is the democrats, they don't gain as Stevens is considered (even though he was appointed by a Republican) a liberal judge.

However, if he can be replaced by another Roberts type judge, then the democrats lose mightily and with 5 clearly conservative judges, that would signal a tremendous directional change in the court.

I've been saying this for a year. For the life of me, I can't figure out why it's not a huge political issue, if not for the candidates, at least for the parties.
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Post by ohio county Fri Jun 27, 2008 12:04 pm

And Justice Kennedy who wrote the majority opinion on the death penalty for convicted child rapists based on "evolving morality" was appointed by Ronald Reagan. Maybe Obama will mess up and appoint a strict constructionist.
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Post by Aaron Fri Jun 27, 2008 3:02 pm

ohio county wrote:And Justice Kennedy who wrote the majority opinion on the death penalty for convicted child rapists based on "evolving morality" was appointed by Ronald Reagan. Maybe Obama will mess up and appoint a strict constructionist.

Remember Jimmy that Kennedy was Reagain's third choice. He was nominated on the advice of Ed Meese after Robert Bork's failed confirmation hearing and Doug Ginsburg withdrew after it was found out he was a toker.

Doug Ginsburg currently sets on the DC court that recently overturned the gun ban that led to this weeks Supreme Court dedision.

Imagine the difference if Reagan's first or second choice were on the bench.
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Post by Stephanie Fri Jun 27, 2008 6:48 pm

Aaron,

Sure I'm pro-life and I want nominees who understand the inhumanity of abortion. That has always been what I've desired. It simply isn't enough to get me to vote for the Republican nominee this time around. This time around we have a nominee who jokes about bombing Iran and talks about occupying Iraq for 100 years.

I have decided my husband was correct 4 years ago.....voting for the lesser of two evils is stupid, you're still voting for evil. I'm done holding my nose in the voting booth. Is McCain the "lesser evil"? I'm not even sure. All I am sure about is I will not be voting for McCain or Obama.

You can take that to the bank.
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Post by Aaron Fri Jun 27, 2008 7:04 pm

First, I wasn't specifically speaking about you Steph but more the pro-life community in general.

I commend you on your willingness to take a stand. Good for you.

Bear in mind though that if Obama wins he and nominates a judge, it will be a liberal judge.

You can take that to the bank.
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Post by Stephanie Fri Jun 27, 2008 7:14 pm

You know, even with Hillary out of the race, Belize still seems mighty tempting.....
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Post by Aaron Fri Jun 27, 2008 7:43 pm

So when we turn into a socailist government, do we have to learn French???
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Post by Stephanie Fri Jun 27, 2008 9:05 pm

Doubtful! Too many Americans still struggle with English.
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Post by Aaron Fri Jun 27, 2008 10:29 pm

Wui.
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Post by SamCogar Sat Jun 28, 2008 7:04 am

Aaron wrote:Bear in mind though that if Obama wins he and nominates a judge, it will be a liberal judge.

You can take that to the bank.

Well now, from reading all these posts it doesn't seem to matter who the President nominates to fill a vacancy on the SC, ........ BECAUSE:

1. Congress has to approve the nomination

2. The President and/or Congress seldom get what they think they are getting.

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Post by Aaron Sat Jun 28, 2008 9:23 am

You are right Sam, for the most part.

Except with GWB.

He may have failed at a lot of things but his two appointments are not part of his failures. He got what he wanted.

And while the do nothing democrats fail at everything they attempt and have shown they are inept at managing a cold, Republicans have shown that even in the minority, they are pretty good at getting what they want.

But like I said, if BO is appointing, democrats aren't gaining anything.
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Post by ziggy Sat Jun 28, 2008 11:19 pm

Except with GWB.
He may have failed at a lot of things but his two appointments are not part of his failures. He got what he wanted.

Not quite. Harriet Miers was his first choice. But when her confirmation looked shaky, he withdrew her nomination. Samuel Alito was his 2nd choice.
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