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

Skip to comments.

At stake in the gun case
The Washington Times ^ | 3-19-08 | Robert A. Levy

Posted on 03/19/2008 11:00:14 AM PDT by JZelle

Does the Constitution grant individuals the right to bear arms, or is that right reserved exclusively for members of a "well-regulated militia"? After 69 years of silence on the Second Amendment, the U.S. Supreme Court took up that question yesterday in the historic case of District of Columbia v. Heller, a challenge to the District's ban on all functional firearms.

I helped bring this case to court on behalf of six Washington, D.C., residents who want to keep functional firearms in their homes to defend themselves and their families should the need arise. But D.C. law bans all handguns not registered before 1976 and requires that lawfully owned shotguns and rifles in the home be kept unloaded and either disassembled or bound by a trigger lock at all times. There is no exception for self-defense. D.C., often known as the "murder capital of the nation," cannot defend its citizens and will not allow them to defend themselves.

This case requires, at a minimum, two findings from the Supreme Court: First, the Second Amendment secures an individual right to keep and bear arms — not a right limited to persons engaged in state militia service. Second, the District's ban on all functional firearms violates that individual right and is, therefore, unconstitutional.

An outpouring of modern scholarship — much of it by liberal constitutional scholars, like Laurence Tribe at Harvard and Akhil Amar at Yale — supports the view that the right to keep and bear arms is an individual right. After all, the Second Amendment is in the Bill of Rights, the part of the Constitution explicitly designed to secure individual rights. And the text of the Amendment refers to the "right of the people" — the same people mentioned in the First, Fourth, Ninth and Tenth Amendments.

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


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; US: District of Columbia
KEYWORDS: banglist; gunrights; heller; parker; robertlevy; scotus
Navigation: use the links below to view more comments.
first 1-2021-31 next last
Small steps. They'll just have to make us all criminals.
1 posted on 03/19/2008 11:00:14 AM PDT by JZelle
[ Post Reply | Private Reply | View Replies]

To: JZelle

And they are trying to do so in many places, in complete defiance of the Constitution of this country.

And there are shills and maggots helping them.

Traitors should hang, as they did in the 1700s, in my opinion, and the United States Government needs to enforce treason laws.


2 posted on 03/19/2008 11:05:40 AM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for lastest on DPRK/Russia/China/et al.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rick.Donaldson
Traitors should hang, as they did in the 1700s, in my opinion, and the United States Government needs to enforce treason laws.

How could they? They are, almost to a man, guilty of treason themselves.
3 posted on 03/19/2008 11:16:28 AM PDT by Filo (Darwin was right!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Filo

Exactly.


4 posted on 03/19/2008 11:41:33 AM PDT by SecAmndmt (Arm yourselves!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Rick.Donaldson

“Traitors should hang”
You are right so why is Johnathan Pollard still breathing?

Treason laws as well as border laws. Pollution laws and white collar criminal laws.
I still like Keel Hauling for a punishment though.


5 posted on 03/19/2008 11:47:52 AM PDT by Joe Boucher (An enemy of Islam)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Filo

No. You’re wrong.

You, like many others paint the US Government with a broad brush. They, to a man (or woman) are nothing more or less than you or are. Men (or women) and human beings who can and do make mistakes.

But... make no mistake here... the United States is made up of all of us, and the government proper is made up of many, may people, not just congress, the executive branch or the supreme court - but numerous bureaucrats who themselves tend to be guilty of such things as “power mongering”.

Understand when I say “traitors” I’m being very specific in my meaning. I mean ANY American citizen, by birth or naturalization who stands and says that the second Amendment doesn’t mean individual rights.

Those people are misinformed, ignorant and if they continue to press their lies, they become traitors. That includes Congress persons, or normal, everyday citizens.

Taking our guns is not going to happen without a fight.


6 posted on 03/19/2008 12:10:17 PM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for lastest on DPRK/Russia/China/et al.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Joe Brower; Travis McGee

Ping.


7 posted on 03/19/2008 12:18:46 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: woollyone

IBrp Ping.


8 posted on 03/19/2008 12:20:46 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JZelle
Does the Constitution grant individuals the right to bear arms, or is that right reserved exclusively for members of a "well-regulated militia"?

Neither. The Constitution protects the pre-existing right of individual to keep and bear arms.

9 posted on 03/19/2008 12:34:56 PM PDT by Ancesthntr (An ex-citizen of the Frederation trying to stop Monica's Ex-Boyfriend's Wife from becoming President)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JZelle
Small steps. They'll just have to make us all criminals.

An idea that's been around for a while:

"Did you really think we want those laws observed?" said Dr. Ferris. "We WANT them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted -- and you create a nation of law-breakers -- and then you cash in on guilt. Now that's the system Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with."

-- Ayn Rand, Atlas Shrugged

10 posted on 03/19/2008 12:38:20 PM PDT by Ancesthntr (An ex-citizen of the Frederation trying to stop Monica's Ex-Boyfriend's Wife from becoming President)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JZelle

Taking our guns is not going to happen without a fight.

You just may be right. I think it will shake this country upside down and may end up in a civil war.


11 posted on 03/19/2008 1:14:28 PM PDT by JamesA
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rick.Donaldson

People in government are humans.

Humans are sinful in nature.

Therefore, their power over others must be severely and strictly limited.

The leftist worldview is that humans can be perfected, and that the few (leftist) elite are capable of, and should, make the rules for everyone else.


12 posted on 03/19/2008 1:17:14 PM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
[ Post Reply | Private Reply | To 6 | View Replies]

To: MrB

Well... ok.

I work for the United States government. And no, not all people are bad, and government isn’t “bad”. Some PEOPLE in government are bad.

So... you’re view is a bit too strict. However, I completely agree that Leftist views of the world, and of humans strive toward “their perfect IDEALISM” of how things should be, in their VIEW.

That means the Left wishes to perfect human nature by forcing us each to fit into a mold that would force us to live by THEIR thinking.

I’m sorry to say this, but there are people on the Right that do that too. In fact, there are people scattered all over the spectrum of idealism that want us each to live by their particular “perfect” view of things.

I have a neighbor like that. I hate her, but I still am polite to her, even though she’s a bitch towards me and my family. I think she needs to simply vanish - but is that me imposing MY idealism and projecting it on her? She lives her life the way she does and she’s welcome to it - but interfering my life is wrong of her.

For me to interfere in HER’s is as bad. Thus, I won’t do it (as much as I’d LIKE to...) doing so is simply improper and it would be hypocritical of me to do so.

On the other hand, I won’t stand there and let someone push me around either.


13 posted on 03/19/2008 1:30:09 PM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for lastest on DPRK/Russia/China/et al.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Rick.Donaldson

As for your example,

the difference between you and your neighbor, and the busybodies in the government,

is that you and your neighbor can’t legally threaten to use deadly force against the other to impose your will on the other.

That’s what the gov’t can do. And that’s why their powers over the individual must be severely limited.


14 posted on 03/19/2008 1:44:08 PM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Rick.Donaldson
I work for the United States government. And no, not all people are bad, and government isn’t “bad”

Thomas Paine disagrees - "Society in every state is a blessing, but Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one."

15 posted on 03/19/2008 2:15:24 PM PDT by nitzy (globalism and limited government cannot co-exist)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Rick.Donaldson
You, like many others paint the US Government with a broad brush. They, to a man (or woman) are nothing more or less than you or are. Men (or women) and human beings who can and do make mistakes.

It is not mistakes that I am talking about.

Understand when I say “traitors” I’m being very specific in my meaning. I mean ANY American citizen, by birth or naturalization who stands and says that the second Amendment doesn’t mean individual rights.

Those people are misinformed, ignorant and if they continue to press their lies, they become traitors. That includes Congress persons, or normal, everyday citizens.

Exactly. And if they press the belief that the First Amendment doesn't protect paid political speech or if they push the fallacy that social programs are constitutional and so on.

In the end all of our government officials have violated their oaths of office, willfully and deliberately.

There is no broader brush than all and there is no discounting the fact that none of them work to defend and preserve the Constitution of the United States of America - and that's no accident, although it is a mistake.
16 posted on 03/19/2008 2:36:06 PM PDT by Filo (Darwin was right!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Rick.Donaldson
"This case requires, at a minimum, two findings from the Supreme Court: First, the Second Amendment secures an individual right to keep and bear arms — not a right limited to persons engaged in state militia service. Second, the District's ban on all functional firearms violates that individual right and is, therefore, unconstitutional."

This is what it was all about folks! Thank you Mr. Levy.

Semper Fi
An Old Man

17 posted on 03/19/2008 3:04:38 PM PDT by An Old Man ("The limits of tyrants are prescribed by the endurance of those whom they suppress." Douglas)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Ancesthntr

Amen to that. It is a God-given right.


18 posted on 03/19/2008 3:20:54 PM PDT by SecAmndmt (Arm yourselves!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: JZelle
Small steps. They'll just have to make us all criminals.

Abolition through incrementalism!

19 posted on 03/19/2008 3:31:30 PM PDT by Ron H. (122112)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Filo
In the end all of our government officials have violated their oaths of office, willfully and deliberately.

I think you missed my point. *I* was a "government official" at one time as a representative of the US Air Force - I have never violated my oath of office. I think you're missing the point about that, and I'm not talking solely about people making mistakes. I said (I thought) there are people who are "power mongers" and other such things who think they put their pants on differently than the rest of us. THOSE are the people you need to watch.

No, not all government officials have broken their oath of office.
20 posted on 03/20/2008 1:28:41 PM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for lastest on DPRK/Russia/China/et al.)
[ Post Reply | Private Reply | To 16 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-31 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