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Second Amendment case headed to Court (DC appeals Parker case to SCOTUS)
SCOTUSBLOG ^ | Monday, July 16, 2007

Posted on 07/16/2007 8:03:08 AM PDT by ctdonath2

Local government officials in Washington, D.C., decided on Monday to appeal to the Supreme Court in a major test case on the meaning of the Second Amendment. The key issue in the coming petition will be whether the Amendment protects an individual right to have guns in one's home.


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events
KEYWORDS: bang; banglist; guns; scotus; secondamendment
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To: ctdonath2
Skinning Cats: Legal Means to Disarm the Second Amendment
121 posted on 07/16/2007 11:19:04 AM PDT by Carry_Okie (Duncan Hunter for President)
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To: ctdonath2

Unless there is an inconsistent decision in another Circuit, the USSC may not take this case. If the D.C. Circuit got it right, there is no need to take it.


122 posted on 07/16/2007 11:22:37 AM PDT by SeaHawkFan
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To: Lexington Green
The wrong decision in this case would start a civil war.

I would not want to be working for the Federal tyrant, if the wrong decision is handed down. The only question is "Who will shoot first?"

123 posted on 07/16/2007 11:29:20 AM PDT by nonsporting
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To: MrB
They’ll have their cake and eat it too.

Unfortunately, that's our cake they're eating; the paultry crumbs we get don't even have sufficient flavor anymore.

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

The evils are becoming insufferable.

124 posted on 07/16/2007 11:31:46 AM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: E Rocc
United States v Emerson, (fifth cir. 2004)
125 posted on 07/16/2007 11:34:31 AM PDT by paratrooper82 (82 Airborne 1/508th BN "fury from the sky")
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To: Pistolshot
Every jurisdiction already is under "the same 4473 provisions and GCA of 1934 and 1968", DC included. If SCOTUS "ignores the individual right issue", they must conclude there is nothing in federal law saying a subordinate jurisdiction cannot add more restrictions, and the DC ban is just as Constitutional as 4473, NFA '34, GCA '68.

Recognizing RKBA as individual is crucial - and hopefully unavoidable.

126 posted on 07/16/2007 11:35:06 AM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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To: ctdonath2

With Kennedy the court’s swing liberal, this is setting-up for a 5-4 defeat of the Second Amendment.


127 posted on 07/16/2007 11:37:21 AM PDT by pabianice
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To: E Rocc
What most people don't understand, is that, in Miller the USSC ruled that the firearm in question was not suitable for military use. The understanding being that if a firearm was suitable for military use, it was protected under the second amendment.

The firearm in question was a sawed off shotgun, also known as a "trench gun" in the military.

A proper defense was never presented.

128 posted on 07/16/2007 11:38:25 AM PDT by NY.SS-Bar9 (DR #1692)
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To: SeaHawkFan
I just realized that a few hours ago. The precise law in question does not extend beyond the DC Circuit's jurisdiction, and the verdict is correct - ergo there is no inter-circuit conflict, no "equal protection" issue, and no need to refine or correct the current verdict further. SCOTUS knows there will be major future cases hinging on Parker, but those are by definition "future cases" and need not be addressed or (in their eyes) averted until they actually happen.

The pro-RKBA judges will have nothing substantive (but weight) to contribute to the case, and actually have no reason to grant cert because, strictly speaking, they have nothing to add.
The anti-RKBA judges are actually the ones more likely to grant cert precisely because they don't like the current verdict.

Fenty had to appeal.

I predict SCOTUS will not accept the case. Really, they have nothing to add.

129 posted on 07/16/2007 11:49:05 AM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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To: Publius6961

If they want to make it illegal to defend ones life, that’s when silencers will come into common usage.

A robber breaks in, pfft, pfft, (double tap) one robber down, quietly get the shovel and dispose of the corpse. Being sure to plant ivy or some nice flowers to explain the freshly overturned soil.


130 posted on 07/16/2007 12:15:14 PM PDT by B4Ranch
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To: ctdonath2

I believe you are correct. Since DC comes under the control of Fedral legislation and is not considered a state, it is possible to repeal this law without making any comment on the individual right issue for the rest of the country.


131 posted on 07/16/2007 12:26:59 PM PDT by Pistolshot (Every woman, who can, should learn to shoot, and carry a gun.)
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To: from occupied ga
> What makes you think that the supremes will hear the case or more importantly find in favor of the individual right?

If the SCOTUS chooses not to hear the case, would that not then leave their prior ruling on the Parker case (from earlier this year) as-is -- leaving the D.C. gun-grabbers up the creek without a paddle? Am I correct in that understanding?

If so, it seems like this could be a win-win situation, or win-draw at worst:
Win-win: SCOTUS doesn't hear case, prior ruling stands; SCOTUS hears case, rules that 2nd Amendment means individual rights.
Win-draw: same as above, except SCOTUS does not expand on, or go any further than, the original opinion in the Parker decision. No great victory for gun rights, but nor does it make things any worse.

Win-lose seems unlikely, based on the incredibly well-written, well-founded, and well-principled opinion rendered in the Parker case (which should be required reading for all Americans).

132 posted on 07/16/2007 12:48:56 PM PDT by NewJerseyJoe (Rat mantra: "Facts are meaningless! You can use facts to prove anything that's even remotely true!")
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To: robertpaulsen

They may have to incorporate. The reason is, the 9th and 6th circuit courts have stated that the 2nd is a collective right while the 5th, 4th and now DC have declared it an individual right. To justify the ruling, the lower court explicitly stated that RKBA is an individual right which suggests that the USSC will most likely uphold it as such and get rid of this headache.

The upside is also more far reaching than just the DC gun ban. We’ll be able to eliminate every gun ban in the nation with a good ruling. Gun control is in the ER and the life support is failing on it.

Mike


133 posted on 07/16/2007 12:49:56 PM PDT by BCR #226 (Abortion is the pagan sacrifice of an innocent virgin child for the sins of the mother and father.)
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To: NewJerseyJoe
If the SCOTUS chooses not to hear the case, would that not then leave their prior ruling on the Parker case (from earlier this year) as-is -- leaving the D.C. gun-grabbers up the creek without a paddle?

Yes

Win-lose seems unlikely, based on the incredibly well-written, well-founded, and well-principled opinion rendered in the Parker case (which should be required reading for all Americans).

Remember this is the same court that handed down the Kelo decision, so no matter how logical it looks to us, the supremes have been in the past supremely capricious and over the last 60 years or so have sided against the individual in favor of the state about 8 to 1 (or so I remember reading - don't have a reference for it)

134 posted on 07/16/2007 12:59:13 PM PDT by from occupied ga (Your most dangerous enemy is your own government, Benito Guilinni a short man in search of a balcony)
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To: BCR #226

I’m not as optimistic as you are, Mike, but I sure like the way you wrote that! Let’s all keep up the hard work (letters to editor, phone calls, e-mails, contribute to GOA/2AF/NRA/etc.) to bring back justice re: 2nd Amendment.


135 posted on 07/16/2007 12:59:31 PM PDT by NewJerseyJoe (Rat mantra: "Facts are meaningless! You can use facts to prove anything that's even remotely true!")
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To: from occupied ga
> Remember this is the same court that handed down the Kelo decision

Fair enough. But doesn't it seem unlikely that the same court would backtrack from an opinion rendered just a few months ago?

If one or more members had changed in the interim, I'd agree 100%. But I think rendering a different opinion -- with the same members and so soon after the previous ruling -- would simply make them look foolish, both in public and amongst themselves....

136 posted on 07/16/2007 1:02:59 PM PDT by NewJerseyJoe (Rat mantra: "Facts are meaningless! You can use facts to prove anything that's even remotely true!")
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To: NewJerseyJoe
Fair enough. But doesn't it seem unlikely that the same court would backtrack from an opinion rendered just a few months ago?

One would hope. Keeping fingers crossed

137 posted on 07/16/2007 1:19:09 PM PDT by from occupied ga (Your most dangerous enemy is your own government, Benito Guilinni a short man in search of a balcony)
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To: NewJerseyJoe

Bookmark.

BTW, there ARE errors in the Parker decision.


138 posted on 07/16/2007 1:20:57 PM PDT by patton (19yrs ... only 4,981yrs to go ;))
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To: Mariebl
"However, I also haven't heard anyone mention significant cases that they refused to hear."

In Silveira v. Lockyer (2002), the Supreme Court denied review and let stand a ruling by the U.S. Court of Appeals for the Ninth Circuit that there is no individual right under the Second Amendment to possess firearms. This ruling conflicted with the U.S. Court of Appeals for the Fifth Circuit's ruling in United States v. Emerson (2001).

Before that, I don't know. The U.S. Supreme Court did not grant certiorari in Quilici v. Village of Morton Grove (1982), letting stand the decision of the Seventh Circuit Court of Appeals that "possession of handguns by individuals is not part of the right to keep and bear arms."

139 posted on 07/16/2007 1:23:52 PM PDT by robertpaulsen
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To: Lexington Green

The wrong decision in this case would start a civil war.


I wouldn’t be surprised if the SCOTUS decision is unanimous, given the dangerous ire that might be directed to anti-rights minority judges.


140 posted on 07/16/2007 1:24:45 PM PDT by Atlas Sneezed ("We do have tough gun laws in Massachusetts; I support them, I won't chip away at them" -Mitt Romney)
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