Supreme Court: Justices extend gun owner rights nationwide

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nick1985

Lifer
Dec 29, 2002
27,158
6
81
You didn't refute anything, and I didn't "come back into the thread." I, unlike you semi-unemployed right-wing fools who get paid for doing nothing, actually spend my work day working.

I provided facts that refute your claim.

So far you have not cited any evidence to back up your ignorant statement, instead you just launch personal attacks against me and other posters you disagree with.

Come back to the thread when you have some evidence, otherwise fuck off you twat.


*edit*

Let me remind you of our conversation:


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

You imply that owning a gun puts your family at risk instead of protecting it.

I retort...

The facts say otherwise.

Myth: Handguns are 43 times more likely to kill a family member than a criminal

Fact: Of the 43 deaths reported in this flawed study, 37 (86&#37 were suicides. Other deaths involved criminal activity between the family members (drug deals gone bad).148

Fact: Of the remaining deaths, the deceased family members include felons, drug dealers, violent spouses committing assault, and other criminals.149

Fact: Only 0.1% (1 in a thousand) of the defensive uses of guns results in the death of the
predator.150 This means you are much more likely to prevent a crime without bloodshed than hurt a family member.



You are 100% wrong.


BTW, these facts are found here. http://www.gunfacts.info/pdfs/gun-facts/5.1/gun-facts-5.1-screen.pdf



And what was your reply to these facts? Lets see....

You didn't refute anything, and I didn't "come back into the thread." I, unlike you semi-unemployed right-wing fools who get paid for doing nothing, actually spend my work day working.

Oh yeah, thats right. An attack on my employment.

If you think unbiased people reading these forums see this back and forth exchange and think you won the debate, you are nothing short of fucking retarded.
 
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Nov 30, 2006
15,456
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"I, unlike you semi-unemployed right-wing fools who get paid for doing nothing, actually spend my work day working." - shira

So sig worthy...shira cracks me up.
 

SAWYER

Lifer
Apr 27, 2000
16,745
42
91
LOL@the gun grabbers and nerds who have probably never used a gun or could hold one up
 

kranky

Elite Member
Oct 9, 1999
21,014
137
106
I know it's been said but it astounds me that this could be a 5-4 vote. The decision was thisclose to more judicial activism.
 

highland145

Lifer
Oct 12, 2009
43,551
5,958
136
Look what ~140 years can do. The left and right have switched beliefs on gun rights. Article

Gun rights and black civil rights.

There can be do doubt that the principal proponents of the Civil Rights Act of 1866 meant to end the disarmament of African Americans in the South. In introducing the bill, Senator Trumbull described its purpose as securing to blacks the “privileges which are essential to freemen.” He then pointed to the previously described Mississippi law that “prohibit[ed] any negro or mulatto from having fire-arms” and explained that the bill would “destroy” such laws.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Sadly that privileges and immunities clause has been rendered useless because of the slaughter-house cases.

This is why Thomas's opinion was correct. This case shouldn't even be a question or have much debate.

For enjoyment...
http://en.wikipedia.org/wiki/Slaughter-House_Cases

Harvard law professor Laurence Tribe writes that “the Slaughter-House Cases incorrectly gutted the Privileges or Immunities Clause.” Similarly, Yale law professor Akhil Amar has written “Virtually no serious modern scholar—left, right, and center—thinks that Slaughter-House is a plausible reading of the Fourteenth Amendment
 
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daishi5

Golden Member
Feb 17, 2005
1,196
0
76
Try again, and this time don't make up my position with lies to make straw men because you can't make an argument or respond to what I said, not what you make up.

Craig, read the opinion. You might find some gems in there, such as
Fifth, the 39th Congress’ response to proposals to dis-band and disarm the Southern militias is instructive. Despite recognizing and deploring the abuses of thesemilitias, the 39th Congress balked at a proposal to disarm them. See 39th Cong. Globe 914; Halbrook, Freedmen, supra, 20–21. Disarmament, it was argued, would violate the members’ right to bear arms, and it was ultimatelydecided to disband the militias but not to disarm their members. See Act of Mar. 2, 1867, §6, 14 Stat. 485, 487; Halbrook, Freedmen 68–69; Cramer 858–861.

If the 2nd amendment protects the rights of a militia to bear arms, why did the congress chose to disband the militia's but not remove their arms? Disbanding the militia would have removed them from the protected class of "militia" and allowed them to be disbanded. But, the congress viewed disarming even "non-millitia" citizens as being a violation of their rights.

If the right applies to militia and not citizens, removing them from the militia removes their right to arms, but the congress did not believe they could remove their arms. Instead, congress believed it could remove the militia, but not the arms of the members who were no longer in a militia.
 

jonks

Lifer
Feb 7, 2005
13,918
20
81
This doesn't really push my buttons too hard as long as local govs try to keep some sort of records on the purchases. Most criminals will not be satisfying their weapons needs at JoeBob's Guns n Stuff. If in 10 years we see a large spike in shooting deaths I imagine the issue will be either revisited in courts or addressed at the local level with restrictions that chip away at the "carry anywhere" culture, much the way Roe v Wade has been chipped away at with restriction after restriction for the past 40 years.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
I also like how the brady campaign is being labeled a hate group now. Since they oppose a fundamental civil right.
 

woolfe9999

Diamond Member
Mar 28, 2005
7,164
0
0
Keep spinning. The incorporation consequences are understood. Read the damn ruling.

I wasn't spinning. I was linking an article. The idea that the ruling might have the practical effect of increasing gun regulation is something the NRA said, not me. So take up your complaint with the NRA, not me.

- wolf
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Wow! Gura (the attorney) doesn't waste any time. The precedent has been set, now it's time to knock down the gun laws one by one.

http://www.saf.org/viewpr-new.asp?id=329

The Second Amendment Foundation on Monday filed a federal lawsuit in North Carolina, seeking a permanent injunction against the governor, local officials and local governments from declaring states of emergency under which private citizens are prohibited from exercising their right to bear arms.
 

Fern

Elite Member
Sep 30, 2003
26,907
173
106
I hate to break up hate-fest, but looking at the actual facts of the case, this was more on if a state could totally ban handguns, then anything else.

It seems this, as with many SCOTUS cases, was a technical case on the fine-print of the law, which would probably explain the close decision. It wasn't a " OMG, they ruled on a broad topic and banned my guns!". They ruled on a narrow technical detail. That's what the SCOTUS does. But I guess that makes it too hard for people to understand, so it gets condensed down to the "they ruled against guns" or " they let us keep our guns".

(Inserted by Fern from another of the member's posts) Dude, these are technical "rule of law" type of cases, that deal with edge cases and the like. This isn't a "take my guns away from me" case. This case was more about the 14th amendment instead of the 2nd.


And you might note that nowhere does it say that you can't effectively ban handguns, by imposing ridiculous permits/costs/paperwork to effectively prevent people from doing it. (which is kinda stupid IMHO, but whatever)

I first read your post yesterday and was inclined to agree with you about this being just a "technical case". But after more reading and contemplation I must disagree.

I think you confuse the 'forest for trees'.

The trees being numerous technical points put forth in suport of the decision. Their decision is, of course, the 'forest'.

I think when focusing on the forest the real significance of the decision is revealed, as well the scary nature of the dissenters position on the 2nd Amendment.

Bottom line: the dissenters on the court are taking the position that state's do not need to honor the Constitution when it comes to the 2nd Amendment. That they can possibly support that position is scary - they would pick and choose which rights we actually have, using technical artifices to support it. And that they would labor to employ mere technical points to push that view is of no less concern.

In Steven's dissent his argument that the 6th Amendment (right to speedy trial etc) has not been required to be (completely) uniformly apllied by the states so therefore states can outright bans guns is, IMO, incredulously stupid. He acts as though states are outright banning trials and moving the accused staright to prison. But he himself can only muster insignificant differences in trials of states and that of the federal courts. We know that because of (permisable) reasonable restrictions on gun ownerships there will be differences between the states just like there is with the 6th A. His argument does more to support the majority than his own position.

I agree with others who say this case is scary. In this instance, those on the left in the court have revealed a willingness to to deny us rights enumerated in the Constitution - Those rights they do not like. And they would use the states as a vehicle to quash them. Would those left leaning members of the court allow states to quash the right to Vote, or Due Process, or Free Speech? No. But somehow they feel free to quash others they don't now like (like the 2nd).

In their attempt to horribly misconstrue the 14th to suit their purpose, they have decided that states need not follow federal law. This is a curious corollary to their position, for if states can trump the highest (federal) law of the land, what other federal laws can they overrule?

Finally, and I think this was addressed previously - No, states cannot effectively ban guns by burdensome regulation. As with other rights those regulations/restrictions must be reasonable.

Fern
 
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nick1985

Lifer
Dec 29, 2002
27,158
6
81
I first read your post yesterday and was inclined to agree with you about this being just a "technical case". But after more reading and contemplation I must disagree.

I think you confuse the 'forest for trees'.

The trees being numerous technical points put forth in suport of the decision. Their decision is, of course, the 'forest'.

I think when focusing on the forest the real significance of the decision is revealed, as well the scary nature of the dissenters position on the 2nd Amendment.

Bottom line: the dissenters on the court are taking the position that state's do not need to honor the Constitution when it comes to the 2nd Amendment. That they can possibly support that position is scary - they would pick and choose which rights we actually have, using technical artifices to support it. And that they would labor to employ mere technical points to push that view is of no less concern.

In Steven's dissent his argument that the 6th Amendment (right to speedy trial etc) has not been required to be (completely) uniformly apllied by the states so therefore states can outright bans guns is, IMO, incredulously stupid. He acts as though states are outright banning trials and moving the accused staright to prison. But he himself can only muster insignificant differences in trials of states and that of the federal courts. We know that because of (permisable) reasonable restrictions on gun ownerships there will be differences between the states just like there is with the 6th A. His argument does more to support the majority than his own position.

I agree with others who say this case is scary. In this instance, those on the left in the court have revealed a willingness to to deny us rights enumerated in the Constitution - Those rights they do not like. And they would use the states as a vehicle to quash them. Would those left leaning members of the court allow states to quash the right to Vote, or Due Process, or Free Speech? No. But somehow they feel free to quash others they don't now like (like the 2nd).

In their attempt to horribly misconstrue the 14th to suit their purpose, they have decided that states need not follow federal law. This is a curious corollary to their position, for if states can trump the highest (federal) law of the land, what other federal laws can they overrule?

Finally, and I think this was addressed previously - No, states cannot effectively ban guns by burdensome regulation. As with other rights those regulations/restrictions must be reasonable.

Fern

Great post.
 

daishi5

Golden Member
Feb 17, 2005
1,196
0
76
Hi, I'm a well-regulated militia named Craig. I hear you're a well-regulated militia too, what's your name? What is the name if a lot of people who are each well-regulated militias joined up into one group? Maybe we could capitalize the words and that would show it was a group. So all we individual well-regulated militias, who are clearly each one person, make a Militia.

Oh, wait, I think I see the problem. The words "well-regulated militia", *put in the amendment and defining it*, are written in a special ink that is invisible to some people.

No wonder they look at the second and see only an "individual right". Of course, what they WANT it to say blinds them to what it DOES say far more than the invisible ink does.

When I read it, it says nothing about a well-regulated militias, and does say that we have the right to a well-groomed blonde.

Indeed, I'm starting a group called the NBA, the National Blonde Association, which will become the strongest grass-roots lobbying group in the country, furthering my interpretation of the right to a blonde. It clearly says that, and if you say it doesn't, you're clearly an America-hating liar, just like those people who claim there's invisible ink saying the right is for the protection of the right of a well-regulated militia to exist.

This is the same mob mentality that can morph the constitution to say anything the mob wants. When it gets tired of some of the press saying things it doesn't like, like that Katie Couric gotcha-attacking Sarah Palin to make her look bad, we can just define the first amendment to allow us to burn a few of them at the stake. Freedom of the Press didn't mean freedom of the Press the mob hates!

It may take a while, with the mob pressuring politicians to appoint justices who hold radical views and the politicians pandering to the mob to get elected, but it can be done.

Indeed, with the 5-4 decisions for years now, especially after Bush appointees, it has now.

And if the court gets even more radicals and those decisions become 7-2 and 8-1, they won't even seem radical to the mob - not that the mob understand they are now.


Your right, we made that up. In fact, we went back in history, and when they passed the civil rights act we forced them to say that the 14th amendment would give freemen the right to bear arms even though none of them believed that it was an individual right.

Senator Samuel Pomeroy described three “indispensable” “safeguards of liberty under our form of Government.” 39th Cong.Globe 1182. One of these, he said, was the right to keep and bear arms:
“Every man . . . should have the right to bear arms for the defense of himself and family and his home-stead. And if the cabin door of the freedman is broken open and the intruder enters for purposes as vile as were known to slavery, then should a well-loaded musket be in the hand of the occupant to send the polluted wretch to another world, where his wretchedness will forever remain complete.” Ibid.


This case is about the 14th amendment and whether or not the 14th includes the 2nd when it restricts the states ability to limit citizens rights. When they passed the 14th, the state militias had guns, and they were terrorizing black freemen who did not have guns. The members of congress argued that the 14th amendment would guarantee the right to bear arms. If they believed the 2nd amendment was a right of militias to bear arms, why did they feel the need to fix a state where militias were bearing arms, but the freemen were not?

We are not the ones who are changing the meaning of the amendment, you are.
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
I'm amazed it was 5-4. rather scary.

sad part is guns ARE going to be banned in the next 50 years. i fucking guarantee it.

also didn't studentmayer say she would not vote against banning guns?
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Good article on just how sweeping this is. All sorts of gun restrictions are going to be challenged because of it. I'd love to see the assault weapons ban overturned, one could make the case that a lot of the NFA restrictions could be challenged.

Also Chicago is trying to quickly pass new measures that would limit to a single handgun per home. That won't stand up either. It doesn't say "right to bear arm".

http://www.google.com/hostednews/ap/article/ALeqM5iz6Qns7uUfAAvvLl1R6dY5oGQcOgD9GL62S00

Among other laws already facing lawsuits or expected to be challenged:

_Age limits that bar people younger than 21 from buying or owning guns.

_Lockbox and trigger-lock requirements to keep guns away from children.

_One-gun-a-month purchase limits in California, Maryland, New Jersey and Virginia.

_Georgia's prohibition on carrying guns into churches.

_Bans on guns in bars.

_California's outlawing of certain handguns.

_Assault weapons and ammunition bans.

_Federal and state prohibitions aimed at keeping domestic violence offenders from having guns.
But he said attempts to eliminate carrying restrictions probably will fare better because gun rights advocates can argue that their right to self defense means that they should be able to carry their weapons almost wherever they want, with exceptions for government buildings and schools.

Drawn-out permitting processes in New York and elsewhere also are ripe for a challenge, Volokh said. "I think a court will have no problem upholding a one-, two-, five-day waiting period," he said. "But if you're talking about a five-month wait, then a court may find it's a substantial burden."
 

irishScott

Lifer
Oct 10, 2006
21,568
3
0
I'm amazed it was 5-4. rather scary.

sad part is guns ARE going to be banned in the next 50 years. i fucking guarantee it.

also didn't studentmayer say she would not vote against banning guns?

I wouldn't be so sure. (Note: Alabama is considered "permissive may issue" see second map)




39/50 states are shall-issue or unrestricted. Up from 8/50 less than 30 years ago. Guns aren't going anywhere, and gun control nuts are an ever-decreasing minority as their theories are repeatably proven wrong. For starters, where are the wild west gun fights that were predicted when shall-issue laws were adopted in multiple states?

What it comes down to IMHO is mentality. In general, gun control advocates are scared. Gun freedom advocates are not. At the end of the day, the representative and ever growing majority of responsible, confident, reasonable gun owners rule the field over the fear inspired by a few psychotics.
 
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Kirby

Lifer
Apr 10, 2006
12,032
2
0
I wouldn't be so sure. (Note: Alabama is considered "permissive may issue" see second map)




39/50 states are shall-issue or unrestricted. Up from 8/50 less than 30 years ago. Guns aren't going anywhere, and gun control nuts are an ever-decreasing minority as their theories are repeatably proven wrong. For starters, where are the wild west gun fights that were predicted when shall-issue laws were adopted in multiple states?

What it comes down to IMHO is mentality. In general, gun control advocates are scared. Gun freedom advocates are not. At the end of the day, the representative and ever growing majority of responsible, confident, reasonable gun owners rule the field over the fear inspired by a few psychotics.

Well, that's concealed carry, no? In Alabama, you can just open carry.
http://opencarry.org/al.html
 

boomerang

Lifer
Jun 19, 2000
18,890
642
126
also didn't studentmayer say she would not vote against banning guns?
Sotomayor said in her confirmation hearings that she supported the second amendment. She of course voted against it at her first opportunity.

I'm fully certain that Kagan is lying about her leanings also. The name of the game is to get the job. Whatever it takes. If Sotomayor lied, we can be certain Kagan is too IMO. They were both picked by the same guy. I'm certain he saw the same redeeming qualities in both.
 
May 16, 2000
13,526
0
0
I'm amazed it was 5-4. rather scary.

sad part is guns ARE going to be banned in the next 50 years. i fucking guarantee it.

also didn't studentmayer say she would not vote against banning guns?

Only as a precursor to total revolution and the dissolution of the United States.
 
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