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Court agrees to rule on gun case
SCOTUSBLOG.com ^ | 11-20-07 | SCOTUSblog

Posted on 11/20/2007 10:14:54 AM PST by ctdonath2

After a hiatus of 68 years, the Supreme Court on Tuesday agreed to rule on the meaning of the Second Amendment — the hotly contested part of the Constitution that guarantees “a right to keep and bear arms.” Not since 1939 has the Court heard a case directly testing the Amendment’s scope — and there is a debate about whether it actually decided anything in that earlier ruling. In a sense, the Court may well be writing on a clean slate if it, in the end, decides the ultimate question: does the Second Amendment guarantee an individual right to have a gun for private use, or does it only guarantee a collective right to have guns in an organized military force such as a state National Guard unit?

The city of Washington’s appeal (District of Columbia v. Heller, 07-290) is expected to be heard in March — slightly more than a year after the D.C. Circuit Court ruled that the right is a personal one, at least to have a gun for self-defense in one’s own home.

The Justices chose to write out for themselves the question(s) they will undertake to answer. Both sides had urged the Court to hear the city’s case, but they had disagreed over how to frame the Second Amendment issue.

Here is the way the Court phrased the granted issue:

“Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”


TOPICS: Constitution/Conservatism; Front Page News; Government; US: District of Columbia
KEYWORDS: banglist; docket; heller; parker; scotus
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Game on!
1 posted on 11/20/2007 10:14:55 AM PST by ctdonath2
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To: ctdonath2

IBrp.


2 posted on 11/20/2007 10:16:08 AM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: harpseal; TexasCowboy; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ...
Outstanding!

Here we go, folks, and hang on -- it's going to be a wild ride.

Click the Gadsden flag for pro-gun resources!

3 posted on 11/20/2007 10:16:44 AM PST by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: ctdonath2

They need to atone for the eminent domain ruling.


4 posted on 11/20/2007 10:17:05 AM PST by Slapshot68
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To: DuncanWaring

LOL!


5 posted on 11/20/2007 10:17:23 AM PST by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: Slapshot68

Bump and Bump!


6 posted on 11/20/2007 10:18:10 AM PST by Army Air Corps (Four fried chickens and a coke)
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To: ctdonath2
I would advise Secret Service protection for Scalia, Thomas, Roberts, and Alito, at least. Can we get a volunteer crew of food tasters?

One wonders if the SCOTUS will cop out with a narrow ruling that only applies to DC.

7 posted on 11/20/2007 10:18:47 AM PST by Carry_Okie (Duncan Hunter for President)
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To: ctdonath2
There been a controversy over whether the Second Amendment grants an individual right or whether it grants a collective one. The weight of American history and legal doctrine favor the former. Its hard to see how you can carve out an exception to the Second Amendment when every other amendment in the Bill Of Rights is clearly about individual rights.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

8 posted on 11/20/2007 10:19:34 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: ctdonath2
Let's emphasize the question here:

“Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”

Indeed, the question is rather narrow - without being unfair. This could well establish grounds for "incorporation" and overturning 922(o).

9 posted on 11/20/2007 10:19:59 AM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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To: Slapshot68

They’ll have to atone for a lot more if they rule that there is one lone amendment out of ten that does not apply individually.


10 posted on 11/20/2007 10:20:47 AM PST by norton (Go ahead, vote for Hunter, you know you want to.)
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To: ctdonath2

If we get a fair ruling on the meaning of “the people,” then it wouldn’t be too much more work to get a fair ruling on the meaning of “infringed.”


11 posted on 11/20/2007 10:23:43 AM PST by mvpel (Michael Pelletier)
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To: Admin Moderator

Kindly append “(SCOTUS takes Heller)” to title for clarity.


12 posted on 11/20/2007 10:24:08 AM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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To: ctdonath2
5-4 on the good side?

What's the over/under?

13 posted on 11/20/2007 10:24:12 AM PST by Doomonyou (Let them eat lead.)
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To: ctdonath2

This will be both interesting and historic.


14 posted on 11/20/2007 10:25:10 AM PST by Eric Blair 2084 (Alcohol, Tobacco and Firearms shouldn't be a federal agency...it should be a convenience store.)
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To: basil; dbwz; Ladysmith; songbird51; Jhohanna; spitter; SecondAmendment SASter; mombrown1; ...

15 posted on 11/20/2007 10:26:15 AM PST by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: goldstategop

“Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”

Seems they agree it is an individual right.


16 posted on 11/20/2007 10:27:08 AM PST by lakeman
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To: Joe Brower

This is indeed great news! We all look forward to a polite society...


17 posted on 11/20/2007 10:27:45 AM PST by Pharmboy (Democrats lie because they have to)
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To: ctdonath2

Awesome. Enough of this piecemeal state and local infringement... Let’s bring things to a head and settle it once and for all.


18 posted on 11/20/2007 10:29:02 AM PST by Sloth (Democrats and GOPers are to government what Jeffrey Dahmer and Michael Jackson are to babysitting)
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To: Doomonyou
This could be a landslide.
19 posted on 11/20/2007 10:31:43 AM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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To: ctdonath2

question reads funny....if I do belong to a state regulated militia, can i now keep handguns & firearms in the home ?


20 posted on 11/20/2007 10:33:20 AM PST by stylin19a
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