Sigh, you are right about this. California has already banned sniper rifles. Gun enthusiasts are not happy about it I'm sure. But this is just the beginning of an assault on our 2nd Amendment rights. --Fee
The leftists don't get it -- criminals don't follow laws (they should know), only law-abiding citizens do. So how does denying the Second Amendment Rights of law-abiding citizens ensure that criminals won't have guns??? (assinine question, I know).
I can buy a hot gun on any one of a hundred street corners in 30 minutes of request. Criminals can get all the guns they want. Just about anywhere.
Your comparing Indians to terrorist?
Why?
I had a teacher who absolutly hated the gun control commercials where you see little timmy climbing into his parents closet and then you hear bang and the screen goes black and writing comes up that says x number of kids were killed last year due to handguns.
What he wanted to see (and me too) was a commercial that showed someone breaking into a house he climbs the stairs and you see a women laying in bed as her door knob turns then the theif walks in and the lady pulls a gun as you hear bang and the screen goes blank. Now the writing says x number of violent crimes were prevented last year due to handguns.
I know people are really passionate about this issue, so I just want to preface my comment by saying that I'm not trying to start an argument, just asking a real question that I don't know the answer to. Okay, here goes:
The 2nd Amendment says the people have the right to keep and bear arms. At the time the 2nd was ratified, that meant, I guess, rifles, muskets, etc., (I don't know too much about firearm history) as those were the weapons used by militias as well as for hunting and personal protection. As firearms technology expanded, the 2nd amendment seems to have expanded as well (aargh...a living Constitution?) Now there seems to be a right to own weapons that are much more advanced (handguns, high-powered rifles, "assault" weapons) than those used in the late 1700s. But there's also some limit on what arms the people are allowed to keep and bear. For example, I can't keep a cannon or a shoulder rocket or a nuclear missile in my backyard for protection (or hunting), even though those are arguably "arms" as well.
I guess what I'm trying to ask is: how and why do we decide which arms are and aren't allowed under the 2nd Amendment?
Thanks.
Thanks to all for your answers to my question. Need to run to a meeting, but I'll digest your responses and add my own a bit later. :)
I was in an arguement with my mother the other night, about my gun. (I live on my own.) She was concerned that, since I leave it in my bedstand drawer, I might shoot an intruder and be in serious trouble with the law. (I live in NH, so I'm not very worried about that.) I tried to explain to her that self-defense is a justifiable cause, and it's better than letting myself get killed. She only got more hysterical, and I couldn't get my point across.
She's not really a liberal, she just gets too much news from Peter Jennings.
Like Ann Coulter said, "If the courts interpreted the Second Amendment as they do the First Amendment, we could all own tactical nukes.”
The Second Amendment, ratified in 1791, refers to the National Guard which was created in 1903, 112 years later.
38 Reasons For Gun Control
1. Banning guns works, which is why New York, DC, & Chicago cops need guns.
2. Washington DC's low murder rate of 69 per 100,000 is due to strict gun control, and Indianapolis' high murder rate of 9 per 100,000 is due to the lack of gun control.
3. Statistics showing high murder rates justify gun control but statistics showing increasing murder rates after gun control are "just statistics."
4. The Brady Bill and the Assault Weapons Ban, both of which went into effect in 1994 are responsible for the decrease in violent crime rates, which have been declining since 1991.
5. We must get rid of guns because a deranged lunatic may go on a shooting spree at any time and anyone who would own a gun out of fear of such a lunatic is paranoid.
6. The more helpless you are the safer you are from criminals.
7. An intruder will be incapacitated by tear gas or oven spray, but if shot with a .357 Magnum will get angry and kill you.
8. A woman raped and strangled is morally superior to a woman with a smoking gun and a dead rapist at her feet.
9. When confronted by violent criminals, you should "put up no defense -- give them what they want, or run" (Handgun Control Inc. Chairman Pete Shields, Guns Don't Die - People Do, 1981, p.125).
10. The New England Journal of Medicine is filled with expert advice about guns; just like Guns & Ammo has some excellent treatises on heart surgery.
11. One should consult an automotive engineer for safer seatbelts, a civil engineer for a better bridge, a surgeon for internal medicine, a computer programmer for hard drive problems, and Sarah Brady for firearms expertise.
12. The 2nd Amendment, ratified in 1787, refers to the National Guard, which was created 130 years later, in 1917.
13. The National Guard, federally funded, with bases on federal land, using federally-owned weapons, vehicles, buildings and uniforms, punishing trespassers under federal law, is a "state" militia.
14. These phrases: "right of the people peaceably to assemble," "right of the people to be secure in their homes," "enumerations herein of certain rights shall not be construed to disparage others retained by the people," and "The powers not delegated herein are reserved to the states respectively, and to the people" all refer to individuals, but "the right of the people to keep and bear arm" refers to the state.
15. "The Constitution is strong and will never change." But we should ban and seize all guns thereby violating the 2nd, 4th, and 5th Amendments to that Constitution.
16. Rifles and handguns aren't necessary to national defense! Of course, the army has hundreds of thousands of them.
17. Private citizens shouldn't have handguns, because they aren't "military weapons", but private citizens shouldn't have "assault rifles", because they are military weapons.
18. In spite of waiting periods, background checks, finger printing, government forms, etc., guns today are too readily available, which is responsible for recent school shootings. In the 1940's, 1950's and1960's, anyone could buy guns at hardware stores, army surplus stores, gas stations, variety stores, Sears mail order, no waiting, no background check, no fingerprints, no government forms and there were no school shootings.
19. The NRA's attempt to run a "don't touch" campaign about kids handling guns is propaganda, but the anti-gun lobby's attempt to run a "don't touch" campaign is responsible social activity.
20. Guns are so complex that special training is necessary to use them properly, and so simple to use that they make murder easy.
21. A handgun, with up to 4 controls, is far too complex for the typical adult to learn to use, as opposed to an automobile that only has 20.
22. Women are just as intelligent and capable as men but a woman with a gun is "an accident waiting to happen" and gun makers' advertisements aimed at women are "preying on their fears."
23. Ordinary people in the presence of guns turn into slaughtering butchers but revert to normal when the weapon is removed.
24. Guns cause violence, which is why there are so many mass killings at gun shows.
25. A majority of the population supports gun control, just like a majority of the population supported owning slaves.
26. Any self-loading small arm can legitimately be considered to be a "weapon of mass destruction" or an "assault weapon."
27. Most people can't be trusted, so we should have laws against guns, which most people will abide by because they can be trusted.
28. The right of Internet pornographers to exist cannot be questioned because it is constitutionally protected by the Bill of Rights, but the use of handguns for self defense is not really protected by the Bill of Rights.
29. Free speech entitles one to own newspapers, transmitters, computers, and typewriters, but self-defense only justifies bare hands.
30. The ACLU is good because it uncompromisingly defends certain parts of the Constitution, and the NRA is bad, because it defends other parts of the Constitution.
31. Charlton Heston, a movie actor as president of the NRA is a cheap lunatic who should be ignored, but Michael Douglas, a movie actor as a representative of Handgun Control, Inc. is an ambassador for peace who is entitled to an audience at the UN arms control summit.
32. Police operate with backup within groups, which is why they need larger capacity pistol magazines than do "civilians" who must face criminals alone and therefore need less ammunition.
33. We should ban "Saturday Night Specials" and other inexpensive guns because it's not fair that poor people have access to guns too.
34. Private citizens don't need a gun for self-protection because the police are there to protect them even though the Supreme Court says the police are not responsible for their protection.
35. Citizens don't need to carry a gun for personal protection but police chiefs, who are desk-bound administrators who work in a building filled with cops, need a gun.
36. "Assault weapons" have no purpose other than to kill large numbers of people. The police need assault weapons. You do not.
37. Trigger locks do not interfere with the ability to use a gun for defensive purposes, which is why you see police officers with one on their duty weapon.
38. Handgun Control, Inc. says they want to "keep guns out of the wrong hands." Guess what? You have the wrong hands.
read later
Bang
"The Second Amendment, ratified in 1791, refers to the National Guard which was created in 1903, 112 years later."
Great quote BUMP.
The gun control advocates are people that are afraid of citizens having guns. I feel that the type of person that constitutes liberalism today is very aware that they will bungle in the use of their current power status. In the main the so called liberal does not even belong to our society-for various reasons; and they know this. An armed citizen that has been grossly misgoverned-which these people will do- is potentially dangerous to the bungler.
To believe what the liberals do means you have to believe that the founding fathers sat down and wrote the amendments to the Constitution that enumerate 9 cases where the people had rights that the state could not take away, and one case of the government's limiting the people, and then calling it the "Bill of Rights."
The Supreme Court has heard only five cases directly related to the Second Amendment. They are: U.S. v. Cruikshank (1876), Presser v. Illinois (1886), Miller v. Texas (1894), U.S. v. Miller (1939), and Lewis v. U.S. (1980). One the Supreme Court refused to hear, Burton v. Sills (1968), and one concerning the meaning of the Fourth Amendment and "the people," U.S. v. Verdugo-Urquidez (1990), are also discussed. (Links to the Supreme Court decisions are provided at the end of each section.)
U.S. v. Cruikshank involved members of the Ku Klux Klan depriving black victims of their basic rights such as freedom of assembly and to bear arms. The court decided that neither the First nor Second Amendments applied to the states, but were limitations on Congress. Thus the federal government had no power to correct these violations, rather the citizens had to rely on the police power of the states for their protection from private individuals.
This case is often misunderstood or quoted out of context by claiming Cruikshank held the Second Amendment does not grant a right to keep and bear arms. However, the court also said this about the First Amendment. The court explained that these rights weren't granted or created by the Constitution, they existed prior to the Constitution.
Presser v. Illinois ruled that the states had the right to strictly regulate private military groups and associations. It also reaffirmed the Cruikshank decision that the Second Amendment acts as a limitation upon the federal government and not the states. However Presser also stated that setting the Second Amendment aside, the states could not prohibit the "people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security..."
Of the Second Amendment cases, U.S. v. Miller is the most mis-cited (intentionally and otherwise) by the lower courts, not to mention the news media, textbooks and encyclopedias. Some courts have acknowledged the true holdings of Miller, but then simply disregarded them. Though referenced again below, please don't forget to read how some courts deliberately mis-cite Miller.
U.S. v. Cruikshank (1876)
Cruikshank was the first Second Amendment case to reach the Supreme Court. This case is occasionally misrepresented as holding the Second Amendment does not protect an individual right to keep and bear arms. Typically, Cruikshank is cited out of context by claiming the court held the Second Amendment "is not a right granted by the Constitution." (For example, see U.S. v. Nelsen, 859 F.2d 1318 [8th Cir. 1988] or the ACLU of Massachusetts on the Second Amendment.)
What you are not told is that the same thing was said about the First Amendment and the Court considered these rights pre-existing, thus they are not granted by the Constitution.
Among the counts against Cruikshank et. al, were charges to deprive two blacks of their First and Second Amendment rights. Regarding the First Amendment charges the court stated:
The right of the people peaceably to assemble for lawful purposes existed long before the adoption of the Constitution of the United States. In fact, it is, and always has been, one of the attributes of citizenship under a free government... It is found wherever civilization exists. It was not, therefore, a right granted to the people by the Constitution. The government of the United States when established found it in existence, with the obligation on the part of the States to afford it protection...
The first amendment to the Constitution prohibits Congress from abridging "the right of the people to assemble and to petition the government for a redress of grievances." This, like the other amendments proposed and adopted at the same time, was not intended to limit the powers of the State governments in respect to their own citizens, but to operate upon the National government alone...
...For their protection in its enjoyment, therefore, the people must look to the States. The power for that purpose was originally placed there, and it has never been surrendered to the United States.
Similarly regarding the Second Amendment violations the court wrote:
The second and tenth counts are equally defective. The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed; but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow-citizens of the rights it recognizes, to what is called..."internal police."
In brief, following precedent, the court stated the Bill of Rights only applied as a limitation on the "National government." Individuals could not file charges against other citizens in federal court regarding violations of their constitutional rights. It was up to the states to protect the fundamental rights of its citizens when their rights were abridged by other citizens.
Complete text of U.S. v. Cruikshank, 92 U.S. 542 (1875).
Presser v. People of Illinois (1886)
Herman Presser was found guilty of parading a group of armed men without authorization in the state of Illinois. The defendant claimed Illinois law violated provisions in the Constitution including the Second Amendment. The Court ruled the states have the power to control and regulate military bodies, including drilling and parading activities. The Court re-affirmed that the Second Amendment applied as a limitation only on the national government and commented no further about it. However the court in dicta (a side opinion which does not form part of the judgment for the purposes of precedent [stare decisis] ) wrote:
It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the States; and, in view of this prerogative of the General Government, as well as of its general powers, the States cannot, even laying the constitutional provision in question [the Second Amendment] out of view prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the General Government.
Thus, the Presser court expressed the opinion that the states were prohibited from disarming "all citizens capable of bearing arms" because it conflicted with the federal government's right ("prerogative") to a reserve military force and the militia powers granted to Congress by the Constitution ("general powers" refers to Article I, section 8, clauses 15 and 16 of the Constitution).
Complete text of Presser v. Illinois, 116 U.S. 252 (1886).
Miller v. Texas (1894)
Franklin Miller, convicted of murder, on appeal, claimed his Second and Fourth Amendment rights had been violated under the Fourteenth Amendment. The court upholding the conviction, reaffirmed Cruikshank v. U.S. and stated: "And if the fourteenth amendment limited the power of the states as to such rights, as pertaining to citizens of the United States, we think it was fatal to this claim that it was not set up in the trial court." In other words the court wouldn't even consider whether Miller's rights had been violated under the Fourteenth Amendment because he had not filed such a claim in his original trial.
Complete text of Miller v. Texas, 153 U.S. 535 (1894).
U.S. v. Miller (1939)
Frank Layton and Jack Miller were charged with violating the 1934 National Firearms Act, which regulated and taxed the transfer of certain types of firearms, and required the registration of such arms. The Miller court held the following:
1) The National Firearms Act was not an unconstitutional usurpation of police power reserved to the states.
2) "In the absence of evidence tending to show that possession or use of a 'shotgun having a barrel of less than 18 inches in length,' which is the subject of regulation and taxation by the National Firearms Act of June 26, 1934, has some reasonable relationship to the preservation or efficiency of a well-regulated militia, it cannot be said the the Second Amendment to the Federal Constitution guarantees the right to keep and bear such an instrument, or that the statute violates such constitutional provision."
3) "It is not within judicial notice that a shotgun having a barrel of less than 18 inches in length is any part of the ordinary military equipment or that its use could contribute to the common defense."
4) "The Second Amendment must be interpreted and applied with a view to its purpose of rendering effective the Militia."
As noted in the Summary section, Miller has often been mis-cited. Note that in the entire text of Miller, neither the words "state militia" nor "National Guard" are to be found.
Regarding item 4) above, the Miller court defined the Militia as the following:
The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. "A body of citizens enrolled for military discipline." And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.
Attempting to interpret the above paragraph, a law journal article writes,
while far from clear, this passage is not inhospitable to the view that it is a private individual right to keep and bear arms which is protected. For only if there existed such a "body of citizens" in possession of "arms supplied by themselves," could they, should the need arise, be "enrolled for military discipline" to act "in concert for the common defense." (Barnett R., and Kates D., Under Fire: The New Consensus on the Second Amendment, Emory Law Journal [1996].)
Commenting on the significance of the phrase "enrolled for military discipline," law professor Nelson Lund, in another law journal article explains:
This phrase does not conflict with the preceding sentence in the passage from Miller, for "enrollment" in the militia does not imply or depend on actual military service or training. Under the first Militia Act, for example, those subject to militia duty were enrolled by the local commanding officer, and then notified of that enrollment by a non-commissioned officer. § 1, 1 Stat. 271, 271 (1792). Whether the members carried out their duties or not, they were still "enrolled." Under the statute in effect at the time Miller was decided (as in the statute in force today), enrollment was accomplished by the operation of law alone, and most members of the militia were probably not even aware that they belonged to such a body. National Defense Act, ch. 134, § 57, 39 Stat. 166, 197 (1916); 10 U.S.C. § 311(a) (1994). Thus, neither the Miller opinion nor any of the various militia statutes can be used to shore up the insupportable notion that the Second Amendment protects only a right to serve in the National Guard. (Lund, Nelson, The Past and Future of the Individual's Right to Arms, [Footnote 54], Georgia Law Review [1996].)
The Supreme Court reversed and remanded the case back to the district court, giving the defendants a chance to provide evidence that a short-barrelled shotgun could contribute to "the efficiency of a well-regulated militia." (The Court was apparently unaware of the use of short-barreled shotguns in trench warfare during World War I. [http://nraila.org/FactSheets.asp?FormMode=Detail&ID=17] )
Note, Miller only required evidence that the weapon contribute to the efficiency of a well-regulated militia. The Court never said the defendants had to belong to a well-regulated militia. In other words the Miller case interpreted the Second Amendment to mean one has the right to own militia type weapons.
The defendants had not appeared for their Supreme Court hearing and they had no legal representation as well! Miller was murdered in April of 1939 (one month before the Court's decision). After the decision, Layton pleaded guilty to transporting a sawed-off shotgun, and received five year's probation. [http://rkba.org/research/miller/Miller.html] ) And so even though the case had been remanded, it was never tried in the lower courts.
In its brief the U.S. government argued the "collective rights" theory. (See GunCite's rebuttal to the U.S. government's brief.)
More importantly please read how the Miller case has been mis-cited by some federal courts and how some rulings are simply based on judges own feelings, desires, and values rather than the rule of law and valid evidence.
Though some circuit courts have adopted a "collective rights" theory of Miller (see the link in the previous paragraph), the first circuit court to analyze Miller held a weapon centric view of the case. However, it did not feel "that the Supreme Court in this case was attempting to formulate a general rule applicable to all cases" because it would "in effect hold that the limitation of the Second Amendment is absolute." (Cases v. U.S., 131 F.2d 916 (1st Cir. 1942), cert. denied, 319 U.S. 770 (1943).)
Many years later, Justice Hugo Black (one of the judges who decided Miller), commenting on the Second Amendment said,
Although the Supreme Court has held this Amendment to include only arms necessary to a well-regulated militia, as so construed, its prohibition is absolute. (Black, Hugo, The Bill of Rights, New York University Law Review, Vol. 35, April 1960.)
A criticism of the Miller decision itself.
Complete text of U.S. v. Miller, 307 U.S. 174 (1939).
Lewis v. U.S. (1980)
Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 forbids the possession of firearms by a convicted felon. Lewis, the petitioner, was convicted of a felony in a 1961 state court "for breaking and entering with intent to commit a misdemeanor". In 1977, in Virginia, Lewis was charged with receiving and possessing a firearm in violation of the above act. Lewis, claimed his latest conviction violated the Fifth and Sixth Amendments because he had no counsel present during his 1961 trial.
The court upheld Lewis' conviction, holding:
(a)...the fact that there are remedies available to a convicted felon - removal of the firearm disability by a qualifying pardon or the Secretary of the Treasury's consent, as specified in the Act, or a challenge to the prior conviction in an appropriate court proceeding - suggests that Congress intended that the defendant clear his status before obtaining a firearm, thereby fulfilling Congress' purpose to keep firearms away from persons classified as potentially irresponsible and dangerous.
(b) The firearm regulatory scheme at issue here is consonant with the concept of equal protection embodied in the Due Process Clause of the Fifth Amendment, since Congress could rationally conclude that any felony conviction, even an allegedly invalid one, is a sufficient basis on which to prohibit the possession of a firearm. And use of an uncounseled felony conviction as the basis for imposing a civil firearms disability, enforceable by criminal sanction, is not inconsistent with Burgett v. Texas, 389 U.S. 109; United States v. Tucker, 404 U.S. 443; and Loper v. Beto, 405 U.S. 473.
In a footnote the court stated:
These legislative restrictions on the use of firearms are neither based upon constitutionally suspect criteria, nor do they trench upon any constitutionally protected liberties. See United States v. Miller, 307 U.S. 174, 178 (1939) (the Second Amendment guarantees no right to keep and bear a firearm that does not have "some reasonable relationship to [445 U.S. 55, 66] the preservation or efficiency of a well regulated militia").
Note, the Court restated the Miller court's focus on the type of firearm.
The Court also commented it was customary to deny convicted felons the right to vote, hold union office, or practice medicine.
Complete text of Lewis v. U.S., 445 U.S. 55 (1980).
Burton v. Sills (1985)
From Stephen Halbrook's "That Every Man be Armed: The Evolution of a Constitutional Right":
A...striking erosion of the right to possess arms was exemplified in the New Jersey case of Burton v. Sills (1968). It originated when members of sportsman clubs and gun dealers brought an action to declare unconstitutional the state's gun-control law, which imposed restrictive requirements. Conjuring up an image of "political assassinations, killings of enforcement officers, and snipings during riots," the court expressed exaggerated fears of a revolution. The New Jersey Supreme Court restricted the definition of militia to "the active, organized militias of the states," that is, the National Guard. The court's very use of these adjectives to modify the word "militia" ignores the constitutional militia comprised of all persons capable of bearing arms. The Burton opinion simply fails to provide scholarly, historical, and analytical treatment of the subject, as indeed primarily only the antebellum state opinions do provide.
Complete text of Burton v. Sills (1968).
U.S. v. Verdugo-Urquidez (1990)
This case dealt with whether nonresident aliens, located in a foreign country, were entitled to Fourth Amendment rights. The Court ruled they were not. In discussing the meaning of "the people" in the Fourth Amendment, the Court commented:
" '[T]he people' seems to have been a term of art employed in select parts of the Constitution. The Preamble declares that the Constitution is ordained and established by 'the people of the United States.' The Second Amendment protects 'the right of the people to keep and bear Arms,' and the Ninth and Tenth Amendments provide that certain rights and powers are retained by and reserved to 'the people.' See also U.S. Const., Amdt. 1 ('Congress shall make no law . . . abridging . . . the right of the people peaceably to assemble') (emphasis added); Art. I, 2, cl. 1 ('The House of Representatives shall be composed of Members chosen every second Year by the people of the several States') (emphasis added). While this textual exegesis is by no means conclusive, it suggests that 'the people' protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community. "
Therefore the Court viewed "the people" in the Second Amendment to have the same meaning as in the First, Fourth, Ninth, and Tenth amendments. Many "pro-gun" groups cite this case as resolving "any doubt that the Second Amendment guarantees an individual right" (National Rifle Association, Fact Sheet: Federal Court Cases Regarding the Second Amendment).
However, the Court didn't discuss whether the militia clause is a limiting factor, and how it might restrict the people's right to keep and bear arms. Moreover, in U.S. v. Hale, 978 F.2d 1016 (8th Cir. 1992), the Eighth Circuit stated:
"Citing dicta from United States v. Verdugo-Urquidez, 494 U.S. 259, 265 ... Hale argues that the Second Amendment protections apply to individuals and not to states or collective entities like militias. This argument is inapplicable to this case. The purpose of the Second Amendment is to restrain the federal government from regulating the possession of arms where such regulation would interfere with the preservation or efficiency of the militia ... Whether the 'right to bear arms' for militia purposes is [Page 24] 'individual' or 'collective' in nature is irrelevant where, as here, the individual's possession of arms is not related to the preservation or efficiency of a militia. Id. at 1020."
The Supreme Court denied an appeal of Hale. For a brief criticism of Hale click here.
On a concluding side-note:
"Interestingly, the majority opinion's analysis of 'the people' protected by the Bill of Rights was an elaboration of a point made by the dissenting opinion from the Ninth Circuit Court of Appeals, when the majority had held that Mr. Verdugo was entitled to Fourth Amendment protections. When the Verdugo case went to the Supreme Court, the Solicitor General's office quoted from Ninth Circuit's dissent, but used ellipses to remove the dissent's reference to the Second Amendment. The Supreme Court majority, of course, put the Second Amendment back in."
--- The Supreme Court's Thirty-five Other Gun Cases. By David B. Kopel. Forthcoming in the St. Louis University Public Law Review.
Complete text of United States v. Verdugo-Urquidez, 494 U.S. 259 (1990).
This is where I stopped reading the article. Although I'm pro-second amendment, I'm not in favor of lying to make a point. The author of the article must be using statistics from the 1960's and 70's because of the last 10 years or so, New York City has had one of the lowest murder rates (and overall crime rates) of any big city in the world.