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Sorry, Mandatory Gun Registration Is Constitutional
CBS ^

Posted on 08/21/2009 1:08:28 PM PDT by Sub-Driver

Sorry, Mandatory Gun Registration Is Constitutional

Posted by Declan McCullagh

Mandatory gun regulation has long been the bête noire of Second Amendment advocates, who worry that it's the final step before firearm confiscation.

The surprise is that, even after last year's landmark Supreme Court ruling on gun rights, mandatory registration could be constitutional. It may not be the wisest public policy. It may not be practical. But after the D.C. v. Heller decision, it also may not violate the Second Amendment to the U.S. Constitution.

That question is at the heart of a second lawsuit underway against the city of Washington, D.C. It also arose last week when the U.S. Seventh Circuit Court of Appeals in Chicago said that the Second Amendment poses no barrier to mandatory regulation because it does not "invalidate any and every regulation on gun use."

Even some pro-gun scholars and advocates reluctantly agree. "I think under the Heller decision, registration would be constitutional," Alan Gottlieb, founder of the Second Amendment Foundation in Bellevue, Wash., told CBSNews.com this week. "It doesn't make it good public policy."

This isn't a mere abstraction: four years ago, after Hurricane Katrina laid waste to much of New Orleans, local police, the national guard, and U.S. Marshals began breaking into homes at gunpoint and confiscating lawfully-owned firearms.

"Registration is probably not unconstitutional," says Don Kilmer, an attorney in San Jose, Calif. who has sued two California counties for denying law-abiding citizens permits to carry concealed weapons. "There's a difference between registration as a permissible regulation and registration as good policy."

(Excerpt) Read more at cbsnews.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: 2ndamendment; armedcitizen; banglist; ccw; cw2; nra; rkba; secondamendment
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1 posted on 08/21/2009 1:08:28 PM PDT by Sub-Driver
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To: Sub-Driver

Perhaps it is not unconstitutional, but I can certainly send any slob that tries to pass the legislation back where he came from.


2 posted on 08/21/2009 1:10:09 PM PDT by domenad (In all things, in all ways, at all times, let honor guide me.)
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To: Sub-Driver

no barf alert?


3 posted on 08/21/2009 1:10:13 PM PDT by MNDude (The Republican Congress Economy--1995-2007)
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To: Sub-Driver

The Heller decision is disastrous. We would have been far better off if the court had not taken the case.


4 posted on 08/21/2009 1:10:26 PM PDT by SandWMan (While you may not be able to legislate morality, you can legislate morally.)
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To: Sub-Driver

Would this be at the time of purchase??? I will simply let anybody know that I used to have a gun but I haven’t seen it in years. We register on a de facto basis anyway when they run a background check IMHO.


5 posted on 08/21/2009 1:11:08 PM PDT by shankbear (Al-Qaeda grew while Monica blew)
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To: Sub-Driver
"Registration is probably not unconstitutional," says Don Kilmer, an attorney...

Yup. Dick the Butcher was right.
6 posted on 08/21/2009 1:11:54 PM PDT by SpaceBar
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To: Sub-Driver
Sorry no it is not "constitutional". Mandatory registration is obviously an infringement.

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

7 posted on 08/21/2009 1:12:03 PM PDT by MNJohnnie (Obamanomics: we have to destroy the US Economy in order to save it!)
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To: Sub-Driver
It may not be practical.

Try it, and libs will discover just how impractical it will be.

8 posted on 08/21/2009 1:12:25 PM PDT by Noumenon (Work that AQT - turn ammunition into skill. No tyrant can maintain a 300 yard perimeter forever.)
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To: Sub-Driver

We could be registered with each state, so that we may serve in the state militias...which pretty much no longer exist.


9 posted on 08/21/2009 1:13:14 PM PDT by SandWMan (While you may not be able to legislate morality, you can legislate morally.)
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To: Sub-Driver

Suckers.


10 posted on 08/21/2009 1:13:31 PM PDT by BGHater (Insanity is voting for Republicans and expecting Conservatism.)
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To: Sub-Driver

“who worry that it’s the final step before firearm confiscation”

Way to put your opponents’ arguments in the worst light possible!


11 posted on 08/21/2009 1:17:21 PM PDT by Tublecane
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To: Sub-Driver
How much infringement can an amendment be subjected to before it becomes an infringement? diving
12 posted on 08/21/2009 1:19:31 PM PDT by SiVisPacemParaBellum (Peace through superior firepower!)
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To: Sub-Driver

“Sorry, Mandatory Gun Registration Is Constitutional” COME AND GET ‘EM YOU POS!


13 posted on 08/21/2009 1:20:18 PM PDT by US Navy Vet
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To: Sub-Driver

MAY, would, could.
Show us the SC decision that says YES it is constitutional. What is the pirpose of these articles that are wishing sessions.


14 posted on 08/21/2009 1:20:38 PM PDT by Marty62 (former Marty60)
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To: Sub-Driver
'Bout time to gear up for another war against our rights.

This administration has thrown the Constitution under the bus repeatedly - ownership of two major automobile manufacturers, altering the purpose of and type of which data it can collect on the national census, socializing our national health care - why should we be surprised if they start down the road to abbreviate our right to keep and bear arms...for our own good?

Remember Obama views our Constitution as an impediment.
15 posted on 08/21/2009 1:20:58 PM PDT by Sudetenland (Without God there is no freedom, for what rights man can give, he can take away.)
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To: Sub-Driver

Go ahead and try, Holder, you fascist punk.


16 posted on 08/21/2009 1:21:09 PM PDT by kromike
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To: Sub-Driver

17 posted on 08/21/2009 1:21:25 PM PDT by BenLurkin
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To: Sub-Driver

They just want to get our guns so they can do things to us that they couldn’t do if we were armed.


18 posted on 08/21/2009 1:21:56 PM PDT by Edgerunner (Second Amendment Spoken Here)
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To: Sub-Driver
There is probably a case to be made that mandatory gun registration may be unconstitutional under the Fifth Amendment.

From this Wikipedia article:

In Haynes_v._United_States, 390 U.S. 85 (1968) the Supreme Court ruled that, since convicted felons are prohibited from owning firearms, requiring felons to register any firearms they owned constituted a form of self-incrimination and was therefore unconstitutional.

In the eyes of the libtards (including many in positions of government power that they are unfit to occupy), any gun owner is presumed to be a criminal. Therefore...

19 posted on 08/21/2009 1:22:11 PM PDT by Zeppo (Save the cheerleader, save the world...)
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To: Sub-Driver

Funny how we worry about the tiniest drop of public money splashing on anything relating to religion, but anything short of confiscation isn’t even discussed by reasonable people as possibly violating Constitutional guarantees. Even though the first amendment standard is establishment, whereas the second amendment standard is infringement. Establishment sounds like a higher bar to me.


20 posted on 08/21/2009 1:23:01 PM PDT by Tublecane
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