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

To: from occupied ga
The supremes have been avoiding 2nd amend issues for decades. I'd be surprised if they heard this one.

Obviously, they haven't heard any significant cases since back in the 30s. However, I also haven't heard anyone mention significant cases that they refused to hear. Has anyone done any research that I've overlooked, to point out previous cases of this weight that were appealed, but not heard?

I disagree

You'll have to forgive me if I find that argument less than persuasive.
63 posted on 07/16/2007 9:27:45 AM PDT by Mariebl
[ Post Reply | Private Reply | To 50 | View Replies ]


To: Mariebl; from occupied ga

Agreed. SCOTUS hasn’t taken any good RKBA cases in 70+ years precisely because there haven’t been any. Each potential case has been clouded by other issues, and doesn’t help that most involved criminals. It took this long before a pure RKBA case showed up initiated by upstanding citizens. Justice Thomas has alluded to this, indicating that he wanted a real RKBA case, but had yet to see one.


72 posted on 07/16/2007 9:37:40 AM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
[ Post Reply | Private Reply | To 63 | View Replies ]

To: Mariebl; from occupied ga
You'll have to forgive me if I find that argument less than persuasive.

Mariebl is correct - unless the court incorporates the 2nd amendment, states and local governments are still free to restrict gun ownership anyway they like.

What it could open the door to is more federal legislation.

105 posted on 07/16/2007 10:27:56 AM PDT by JeffAtlanta
[ Post Reply | Private Reply | To 63 | View Replies ]

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
[ Post Reply | Private Reply | To 63 | View Replies ]

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