Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

DC Circuit strikes down DC gun law
How Appealing Blog ^ | 03/08/2007 | Howard Bashman

Posted on 03/09/2007 8:10:02 AM PST by cryptical

Edited on 03/09/2007 10:38:14 AM PST by Admin Moderator. [history]

click here to read article


Navigation: use the links below to view more comments.
first previous 1-20 ... 681-700701-720721-740 ... 1,221-1,238 next last
To: RKBA Democrat
There are several elected Democrats who are pro-gun.

Announced presidential candidate NM Governor Richardson is pro-gun rights. As governor of NM he has to be pro-gun or face the NM voters with a big strike against him.

701 posted on 03/09/2007 10:16:52 PM PST by epow (If I'm wrong about whoJesus is I lose nothing when Idie, if the atheist is wrong he loses everything)
[ Post Reply | Private Reply | To 656 | View Replies]

To: cryptical
So is this dissenting judge saying that Constitutional rights do NOT extend to the people in DC, since it's not a state? That brings up some very interesting ideas...

Mark

702 posted on 03/09/2007 10:26:17 PM PST by MarkL (When Kaylee says "No power in the `verse can stop me," it's cute. When River says it, it's scary!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: robertpaulsen
My position is the constitutional position -- the government can regulate the interstate commerce of everything

The SCOTUS disagrees with you.

US v Lopez.

Also US v Morrison

You wouldn't know a Constitutional position if it walked up to you, introduced itself, and smacked your dumb behind silly.

L

703 posted on 03/09/2007 10:29:25 PM PST by Lurker (Calling islam a religion is like calling a car a submarine.)
[ Post Reply | Private Reply | To 552 | View Replies]

To: Seruzawa; All

"Second Amendment's protections...do not extend to the District of Columbia because it is not a state."

By her logic then the Amendment (I forget the number) that provides for an income tax should also not apply to the District of Columbia because it is not a State. Oh joy, oh joy, DC residents should demand to get all the federal taxes they have paid over the years returned. Now they no longer have to be one of the highest taxed jurisdictions in the country!!!


704 posted on 03/09/2007 10:32:20 PM PST by gleeaikin
[ Post Reply | Private Reply | To 7 | View Replies]

To: evad; All

"This isn't scrappleface is it??"

No, it is not. The metropolitan DC TV new has been reporting it all day. Not in the Washington Post for Friday. Will look on Saturday.


705 posted on 03/09/2007 10:34:20 PM PST by gleeaikin
[ Post Reply | Private Reply | To 14 | View Replies]

To: robertpaulsen

You, sir, appear to be nothing more than a troll. I thought it an extreme assessment when others were saying it earlier, but now I see that they're right. It's my fault for falling for your bait once again, but that's the end of that. Have fun doing what you do.


706 posted on 03/09/2007 10:37:49 PM PST by NinoFan
[ Post Reply | Private Reply | To 688 | View Replies]

To: Lurker
The SCOTUS disagrees with you.

No quote, naturally.

The Act exceeds Congress' Commerce Clause authority. First, although this Court has upheld a wide variety of congressional Acts regulating intrastate economic activity that substantially affected interstate commerce, the possession of a gun in a local school zone is in no sense an economic activity that might, through repetition elsewhere, have such a substantial effect on interstate commerce.

707 posted on 03/09/2007 10:50:38 PM PST by Mojave
[ Post Reply | Private Reply | To 703 | View Replies]

To: gleeaikin
By her logic then the Amendment (I forget the number) that provides for an income tax should also not apply to the District of Columbia because it is not a State.

Nope. The 2nd Amendment was a declaratory restriction on federal powers, the 16th Amendment extended federal powers.

708 posted on 03/09/2007 11:10:05 PM PST by Mojave
[ Post Reply | Private Reply | To 704 | View Replies]

To: Mojave
Thanks for posting the quote.

But I figured if I just gave our Statist friend RP a link it would occupy him elsewhere for a while.

L

709 posted on 03/09/2007 11:55:14 PM PST by Lurker (Calling islam a religion is like calling a car a submarine.)
[ Post Reply | Private Reply | To 707 | View Replies]

To: Lurker
Thanks for posting the quote.

Glad you enjoyed being refuted.

710 posted on 03/09/2007 11:57:39 PM PST by Mojave
[ Post Reply | Private Reply | To 709 | View Replies]

To: Mojave
Perhaps you need to reread, assuming you can of course, Mr. Paulsens original assertion.

Just zip back up the thread and find it. Feel free to move your lips if you like.

He said that Congress can regulate 'anything' in the name of Interstate Commerce.

SCOTUS disagreed.

Next time try actually reading what was said in the thread. It may help prevent you from looking the fool. Nothing could prevent that entirely of course, but help it may.

L

711 posted on 03/10/2007 12:01:26 AM PST by Lurker (Calling islam a religion is like calling a car a submarine.)
[ Post Reply | Private Reply | To 710 | View Replies]

To: Lurker
Perhaps you need to reread, assuming you can of course, Mr. Paulsens original assertion.

He said that the government can regulate the interstate commerce. The court said that the possession of a gun in a local school zone was NOT an economic activity and did NOT have substantial effect on interstate commerce.

I read through your misrepresentation a mile away.

712 posted on 03/10/2007 12:05:53 AM PST by Mojave
[ Post Reply | Private Reply | To 711 | View Replies]

To: Seruzawa

Well, what would really be helpful about her opinion would be that nobody in DC, including the media and the politicians, have a First Amendment right. :)

But seriously, I wonder if it occurred to her that, since there is a Circuit Court of Appeal in and for D.C.. and its purpose is in large part to decide constitutional issues for D.C., that maybe, just maybe, the U.S. Constitution and the Bill of Rights apply to the people within the jurisdiction of her court. If not, there would be no need for her court, now would there? That aspect of her opinion is actually comical.


713 posted on 03/10/2007 12:09:39 AM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: All
I looked around a bit and couldn't find a good copy of the opinion in HTML, so I made my own.

For those who prefer html to pdf, see Parker v. D.C.  

Freepmail me with errors if you'd like. I'll be doing more cleanup on it tomorrow.

 Z
 

714 posted on 03/10/2007 12:13:57 AM PST by zeugma (MS Vista has detected your mouse has moved, Cancel or Allow?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mojave
He said that the government can regulate the interstate commerce.

English is obviously not your strong suit. Do take your time with this.

My position is the constitutional position -- the government can regulate the interstate commerce of everything.

552 posted on 03/09/2007 4:37:27 PM CST by robertpaulsen

SCOTUS disagreed. From US v Morrison: "The Court explained that the need to distinguish between economic activities that directly and those that indirectly affect interstate commerce was due to "the concern that we expressed in Lopez that Congress might use the Commerce Clause to completely obliterate the Constitution’s distinction between national and local authority."

Congress can not regulate the interstate commerce of 'everything'. They, and apparently you, like to think they can. But the Court said it must directly (it's a small word so you shouldn't have much trouble looking it up) affect interstate commerce.

Now off with you or I shall taunt you again.

L

P.S. Your father smelled of elderberries.

715 posted on 03/10/2007 12:15:55 AM PST by Lurker (Calling islam a religion is like calling a car a submarine.)
[ Post Reply | Private Reply | To 712 | View Replies]

To: NewJerseyJoe
I love it how liberals complain about judicial activism when the courts rule AGAINST them. Anyway, the Brady Group is dead wrong - the rights of the people cannot be countermanded by the electorate. They admit of no popularity contest or the received opinion of the day. Liberals cannot ban guns outright because that would be popular or because they think guns no longer have a place in American society. The Constitution protects gun rights as nearly absolutely under the Second Amendment as it protects freedom of speech rights under the First Amendment.

"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

716 posted on 03/10/2007 12:16:05 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
[ Post Reply | Private Reply | To 318 | View Replies]

To: FreedomPoster

...and how said it is that we are so excited to hear the same "news" that our forefathers recited to us over two-hundred years ago.


717 posted on 03/10/2007 12:17:51 AM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
[ Post Reply | Private Reply | To 49 | View Replies]

To: Lurker
...the government can regulate the interstate commerce of everything...
The court said that the possession of a gun in a local school zone was NOT an economic activity and did NOT have substantial effect on interstate commerce. The possession of the firearm was NOT deemed to be interstate commerce.

Poor you.

718 posted on 03/10/2007 12:20:23 AM PST by Mojave
[ Post Reply | Private Reply | To 715 | View Replies]

To: MarkL

And one might wonder what she and her brethren are doing there in the first place if the constitution doesn't apply to D.C., lol!


719 posted on 03/10/2007 12:21:55 AM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
[ Post Reply | Private Reply | To 702 | View Replies]

To: longtermmemmory
"The silence of the MSM is deafening. How does former Proseutor Guiliani stand on this ruling? How does lawyer Hilary Clinton stand on this? "

It didn't take them long to comment on the Libby decision.

yitbos

720 posted on 03/10/2007 12:22:08 AM PST by bruinbirdman ("Those who control language control minds." -- Ayn Rand)
[ Post Reply | Private Reply | To 11 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 681-700701-720721-740 ... 1,221-1,238 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson