Supreme Court: Justices extend gun owner rights nationwide

[misle]

http://www.breitbart.com/article.php?id=D9GKARU01&show_article=1

WASHINGTON (AP) - The Supreme Court says the Constitution's "right to keep and bear arms" applies nationwide as a restraint on the ability of government to limit its application.

The justices on Monday cast doubt on a Chicago area handgun ban, but also signaled in their 5-4 decision that less severe restrictions could survive legal challenges.

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Hooray for the 2nd Amendment!

 

[ichy]

Glad to hear it, although it sucks that the decision was 5 - 4.

 

[Amused]

It's about damn time. Too bad people are still so divided over it. The right to keep and bear arms is just as important as the rights to free speech, freedom of the press and freedom of religion

 

[spidey07]

Good. Being 5-4 is pretty scary though. Here's the meat of it. This is a VERY important ruling. The crux of the suit revolved around incorporation.

"The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense "

Reading more the Majority is split.
4 think it incorporates based on due proces
Thomas thinks the Amendment is incorporated, but not under Due Process. He appears to base incorporation on Privileges or Immunities

 

[Amused]

Good. Being 5-4 is pretty scary though. Here's the meat of it. This is a VERY important ruling. The crux of the suit revolved around incorporation.

"The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense "

Yep. If the 14th can be used to forced every other right, then why not the 2nd?

So now if you want to disarm law abiding citizens, you'll need to amend the Constitution. Good luck with that.

 

[nageov3t]

Reading more the Majority is split.
4 think it incorporates based on due proces
Thomas thinks the Amendment is incorporated, but not under Due Process. He appears to base incorporation on Privileges or Immunities

waitwaitwait... shens on the bolded.

 

[spidey07]

waitwaitwait... shens on the bolded.

It's from scotusblog.com.

And LOL at gif...

 

[Schadenfroh]

Glad to hear it, although it sucks that the decision was 5 - 4.

Agreed, hurray for the Bill of Rights being upheld!

 

[Doc Savage Fan]

5-4....seriously? Way too close on such a common sense issue.

 

[bl4ckfl4g]

Yeah sucks that is was so close but I'm glad the Constitutional right was upheld.

<------gun loving liberal

 

[nick1985]

5-4 is scary. WTF...

 

[MotF Bane]

Why can't they just treat the Second Amendment like the others?

 

[Genx87]

I think it is scary it was 5:4 split. But it appears this one is far more reaching than the DC case.

 

[Genx87]

Why can't they just treat the Second Amendment like the others?

Because guns are scary!

 

[Amused]

Why can't they just treat the Second Amendment like the others?

Because there are ideologues who object to the individual right keep and bear arms in the 2nd Amendment, but know they could never get enough votes to amend the Constitution... so they try to skirt it by redefining it.

 

[spidey07]

I think it is scary it was 5:4 split. But it appears this one is far more reaching than the DC case.

It was brought about because of the DC (Heller) case. Based on that ruling McDonald's position was Chicago can't have a handgun ban.

Opinion
http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

 

[Amused]

I think it is scary it was 5:4 split. But it appears this one is far more reaching than the DC case.

Yep. Law abiding citizens in Chicago and other cities where handguns are banned are now afforded the right to protect themselves and their families.

 

[nick1985]

Because there are ideologues who object to the individual right keep and bear arms in the 2nd Amendment, but know they could never get enough votes to amend the Constitution... so they try to skirt it by redefining it.

I know it says, "people"...but they meant to say "militia". Damn you framers for your error!!!!

 

[highland145]

After Kagan is confirmed and there are more challenges......

 

[Amused]

I know it says, "people"...but they meant to say "militia". Damn you framers for your grammar error!!!!

I know. The ACLU's stance on it is a complete and utter joke and is the stance the gun grabbers have tried to take for years.

They essentially claim the 2nd is a "collective right" that only gives the right to keep and bear arms to the state militias, NOT to the people.

The Bill of Rights is a list of INDIVIDUAL rights. Period.

 

[Amused]

After Hagen is confirmed and there is more challenges......

The vote will remian the same.

 

[nageov3t]

5-4 is scary. WTF...

we'd have fewer 5-4 decisions if congress expanded the number of seats on the supreme court for Obama... would that help you sleep better at night?

 

[nick1985]

I know. The ACLU's stance on it is a complete and utter joke and is the stance the gun grabbers have tried to take for years.

They essentially claim the 2nd is a "collective right" that only gives the right to keep and bear arms to the state militias, NOT to the people.

The Bill of Rights is a list of INDIVIDUAL rights. Period.

This really sums it up pretty well:

http://www.youtube.com/watch?v=1GNu7ldL1LM

 

[highland145]

The vote will remian the same.

You sure?

 

[nick1985]

You sure?

She is replacing a liberal. I might eat crow, but I would guess Steven's dissented on this decision.

So the vote would remain the same.