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Justices Agree on Right to Own Guns
AP via SFGate ^ | 3/18/8 | MARK SHERMAN, Associated Press Writer

Posted on 03/18/2008 2:36:58 PM PDT by SmithL

WASHINGTON (AP) -- Americans have a right to own guns, Supreme Court justices declared Tuesday in a historic and lively debate that could lead to the most significant interpretation of the Second Amendment since its ratification two centuries ago.

Governments have a right to regulate those firearms, a majority of justices seemed to agree. But there was less apparent agreement on the case they were arguing: whether Washington's ban on handguns goes too far.

The justices dug deeply into arguments on one of the Constitution's most hotly debated provisions as demonstrators shouted slogans outside. Guns are an American right, argued one side. "Guns kill," responded the other.

Inside the court, at the end of a session extended long past the normal one hour, a majority of justices appeared ready to say that Americans have a "right to keep and bear arms" that goes beyond the amendment's reference to service in a militia.

Several justices were openly skeptical that the District of Columbia's 32-year-old handgun ban, perhaps the strictest in the nation, could survive under that reading of the Constitution.

"What is reasonable about a total ban on possession?" Chief Justice John Roberts asked.

Walter Dellinger, representing the district, replied that Washington residents could own rifles and shotguns and could use them for protection at home.

"What is reasonable about a total ban on possession is that it's a ban only on the possession of one kind of weapon, of handguns, that's considered especially dangerous," Dellinger said.

Justice Stephen Breyer appeared reluctant to second-guess local officials.

Is it "unreasonable for a city with a very high crime rate ... to say no handguns here?" Breyer asked.

Alan Gura, representing a Washington resident who challenged ban, said, "It's unreasonable and it fails any standard of review."

(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; US: District of Columbia
KEYWORDS: 2ndamendment; bang; banglist; dc; heller; parker; rkba; robertscourt; scotus
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To: KoRn

On other threads I read late June.


41 posted on 03/18/2008 3:30:39 PM PDT by SmithL (That's my story & I'm sticking to it!)
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To: patton

I believe he either was one of the Chicago 7 or defended the Chicago 7.


42 posted on 03/18/2008 3:31:11 PM PDT by Right Cal Gal (Abraham Lincoln would have let Berkeley leave the Union without a fight)
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To: paratrooper82
Someone already did that for you !
43 posted on 03/18/2008 3:31:51 PM PDT by 1066AD
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To: vpintheak

Justice Breyer is a complete dolt. Uh, sir? Currently, D.C. is a handgun-free zone. Care to explain the hand gun deaths this year in D.C.? The crimes committed using a hand gun in D.C.? But, but....it’s a handgun free zone!

Because, you blazing twit, CRIMINALS DON’T CARE WHAT THE LAW SAYS!!!


44 posted on 03/18/2008 3:34:34 PM PDT by Right Cal Gal (Abraham Lincoln would have let Berkeley leave the Union without a fight)
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To: LimaLimaMikeFoxtrot
"More guns anywhere in the District of Columbia is going to lead to more crime."
- Mayor Adrian Fenty


OK, Mr. Mayor, then tell your politically correct Chief of Police Cathy Lanier to order her officers to leave those guns at the station, and to carry tasers, billy clubs and pepper spray only.

Goose, meet Gander.
45 posted on 03/18/2008 3:36:34 PM PDT by mkjessup (This year's presidential choices: "Speak No Evil, See No Evil, and Evil")
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To: Always Right

This is ridiculous.

Until they release their ruling, nothing that any of the justices said today has meaning.

I hope ... but we’ll have to wait a couple months for their actual thoughts and decision.


46 posted on 03/18/2008 3:38:41 PM PDT by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
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To: org.whodat
A Juan McCain type of appointee!

Yes. The kind that upholds the Constitution except "when rights are dangerous."

47 posted on 03/18/2008 3:42:09 PM PDT by 668 - Neighbor of the Beast (Are you sick of hearing at-the-end-of-the-day?)
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To: RetiredArmy

It is way, way too early to celebrate. Wait for their decision, lest we be very disappointed about it.

I will excitedly join people busting open a bottle of champagne should this go the way most of us hope, but lines of questioning adopted by USSC justices can often deceive about the way they decide a case.


48 posted on 03/18/2008 3:43:54 PM PDT by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
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To: SmithL
Is it "unreasonable for a city with a very high crime rate ... to say no handguns here?" Breyer asked.

D.C.'s crime rate has risen every year but one since the current ban was passed (in '76). So yes Breyer, it's quite unreasonable.

But most importantly, shall not be infringed is pretty damn clear.

49 posted on 03/18/2008 3:47:34 PM PDT by Mr. Mojo
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To: Budge; cbkaty
The people will ignore an inappropriate decision..

Sure, but that's just another hole in the dyke, allowing for arbitrary and capricious enforcement of the law. An inappropriate decision must be dealt with by massive public protest, so they don't pick off dissenters one-by-one.

50 posted on 03/18/2008 3:47:34 PM PDT by jammer
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To: SmithL

“right to keep and bear arms” that goes beyond the amendment’s reference to service in a militia.”

To the author of the article: Please show me where the Second Amendment references a “militia,” you libdolt.

I know, it is from SFGate, just saying.


51 posted on 03/18/2008 3:49:09 PM PDT by piytar
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To: SmithL
"Is it "unreasonable for a city with a very high crime rate ... to say no handguns here?" Breyer asked."

Breyer is apparently a Constitutional ignoramus.

I suppose that I should go ahead now and read all of the article again but more carefully, and the comments of folks who know more about the issue than I do.

52 posted on 03/18/2008 3:53:58 PM PDT by Radix (Sarcasm? Yeah we got that too!)
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To: nerdwithamachinegun

Remarkably, there are a lot of gun rights advocates in the DUmp.


53 posted on 03/18/2008 3:54:18 PM PDT by 668 - Neighbor of the Beast (Are you sick of hearing at-the-end-of-the-day?)
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To: vpintheak

“Is it ‘unreasonable for a city with a very high crime rate ... to say no handguns here?’ Breyer asked.”

Yes, it is unreasonable when it’s unconstitutional!


54 posted on 03/18/2008 3:54:40 PM PDT by murron (Proud Marine Mom)
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To: SmithL
Walter Dellinger, representing the district, replied that Washington residents could own rifles and shotguns and could use them for protection at home.

Not likely since the DC statute also requires that the longarms be unloaded & locked.

55 posted on 03/18/2008 3:54:40 PM PDT by Tallguy (Tagline is offline till something better comes along...)
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To: Always Right
"You mean when the Constitution says ‘people’ it means ‘people’. This is going to be real shocking discovery to many liberals."

Including the resident Troll!

56 posted on 03/18/2008 3:57:47 PM PDT by An Old Man ("The limits of tyrants are prescribed by the endurance of those whom they suppress." Douglas)
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To: NewJerseyJoe

“Turns out that all the ‘passengers’ are undercover cops on a mission”

LOL, remember the scene. Just a nit, though: They weren’t cops, they were civilians who were just packing heat.


57 posted on 03/18/2008 4:05:26 PM PDT by piytar
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To: KoRn
The new series of S&W revolvers has an internal hammer block as well. Those are pretty effective. For revolvers that predate that approach the padlock over the backstrap is pretty foolproof.

This model differs from my old favorite, but has similar 5-button lock features.

58 posted on 03/18/2008 4:25:20 PM PDT by Myrddin
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To: SmithL
Governments have a right to regulate those firearms, a majority of justices seemed to agree.

And exactly what phrase in the 2nd Amendment suggests that government has the right to regulate them? Here is the text:

"A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed."

Which part of "the right of the People to keep and bear arms SHALL NOT BE INFRINGED" contains the section that allows government to infringe upon those rights? The Founders made the Bill of Rights, as well as most of the Constitution, simple and in plain language for a reason and yet, as simple and straight forward as this sentence is, lefty lawyers are still trying to claim that it means something other than what it plainly says.
59 posted on 03/18/2008 5:10:24 PM PDT by fr_freak (So foul a sky clears not without a storm)
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To: 1066AD
Someone already did that for you !

That's outstanding. But the DC lawyers will argue that the gun is only staying in one place and not shooting anyone because it knows the camera is on.

60 posted on 03/18/2008 7:28:42 PM PDT by LimaLimaMikeFoxtrot ("If you don't have my army supplied, and keep it supplied, we'll eat your mules up, sir"-Gen.Sherman)
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