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*LIVE THREAD* DC vs Heller decision due at 10:00 EST (2nd Amendment)
SCOTUS Blog ^ | 6-26-08 | shameless vanity

Posted on 06/26/2008 3:55:39 AM PDT by RKBA Democrat

Today is the day.

The folks at SCOTUS blog will be providing a live blog to follow developments as quickly as possible.


TOPICS: Breaking News; Culture/Society; News/Current Events; US: District of Columbia
KEYWORDS: banglist; bitter; elections; heller; judiciary; scalia; scotus; secondamendment; shallnotbeinfringed
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To: zeugma; All
you are CORRECT. the quote is NOT in Miller, but in one the pleadings of the US Attorney's office, upon which the USSC relied.

have you every SEEN a picture of the "short barreled shotgun" in question??? - i have seen a picture of it.

it was a 16 guage, single-barrel, RUSTY,CRUDELY sawed-off piece (the barrel was cut off even with the fore-end & the stock was cut off into a "pistol grip") of JUNK made by "Old River Hardware Company" (obviously NOT a well-known manufacturer of FINE firearms!!! = CHUCKLE!), which might well have been about as lethal on the shooter as on the intended target.

"the Miller gun" was NOT in any real sense "a trench broom", but was ACCURATELY described (imVho)as a "criminal instrumentality, especially suitable to use only as a weapon of intimidation in an armed robbery".

fwiw, in my 4 decades "behind the badge" i have seen NUMEROUS cases where a criminal has taken a perfectly ordinary, innocous piece of property & converted it into a "criminal instrumentality. for example a peewee league baseball bat with a handfull of NAILS driven into it is no longer suitable to play ball with, but makes a "perfectly acceptable tool" with which to commit a criminal assault.

free dixie,sw

1,061 posted on 06/27/2008 8:01:29 AM PDT by stand watie (Resistance to TYRANTS is OBEDIENCE to God. T. Jefferson, 1804)
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To: zeugma
YEP. i normally do NOT like "government programs" but arming our TRAINED veterans is ONE that i do support, as it is a "gift to the veteran for their service in defense of our liberty".

further, after we armed 2-3 MILLION vets/retirees with M-16s/Berettas/M-4/Mossbergs etc, NO enemy foreign/domestic would be STUPID enough to attack us.

free dixie,sw

1,062 posted on 06/27/2008 8:06:02 AM PDT by stand watie (Resistance to TYRANTS is OBEDIENCE to God. T. Jefferson, 1804)
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To: RKV

“Gura, the lawyer behind this case, has ALREADY filed a suit in Chicago. It is BIG, the whole enchilada, INCORPORATION and all.”

And he didn’t even wait a day to do so. LOL!


1,063 posted on 06/27/2008 8:07:32 AM PDT by RKBA Democrat (Lord Jesus Christ, Son of God, have mercy on me, a sinner!)
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To: hadit2here
...I refuse to apply for a CCW, purely on the reasoning that there is no Constitutional power to force me to...

I do have a driver’s license for the same reason, although I don’t feel that the state has the power to require me to have one, and I will explain that til I’m blue in the face to those who think driving is a privilege.

Ditto that.

Now we have the ruling (which I read). It appears to draw a line in the sand, while also providing opportunities to move it, only in the right direction. Chicago is the next domino set to fall.

It isn't likely to cross no permit concealed carry territory anytime soon, but the issue does come up in state legislatures from time to time and nothing prevents states from allowing it other than the wrong politicians being in office.

1,064 posted on 06/27/2008 8:15:44 AM PDT by Clinging Bitterly (Oregon - a pro-militia and firearms state that looks just like Afghanistan .)
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To: Liberty Valance

This is hugh! And series!

I miss King Prout. This would be a fine day to trade posts.


1,065 posted on 06/27/2008 8:16:53 AM PDT by RKBA Democrat (Lord Jesus Christ, Son of God, have mercy on me, a sinner!)
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To: RKBA Democrat
GOOD!!!

free dixie,sw

1,066 posted on 06/27/2008 8:33:07 AM PDT by stand watie (Resistance to TYRANTS is OBEDIENCE to God. T. Jefferson, 1804)
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To: RKBA Democrat

What’s more, is DC is going to drag their feet and put up procedural blocks. Think George Wallace standing at the schoolhouse door. That’s going to have to be changed. Hopefully there is an ARMY of litigators out there who are going to PUSH back when they encounter grudging compliance and noncompliance. There are quite a number of circuit courts who are going to need re-education. The 9th, where I live isn’t going to go down quietly. We’re going to have to beat them into submission.


1,067 posted on 06/27/2008 8:40:33 AM PDT by RKV (He who has the guns makes the rules)
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To: RKBA Democrat; All

I have lived in DC since the 1960’s. Here is my personal experience of the surrounding shooting and killng. See my Comment 43 at this link: http://www.freerepublic.com/focus/news/2037211/posts?page=11


1,068 posted on 06/27/2008 8:42:10 AM PDT by gleeaikin
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To: stand watie


This should be legal. As it is NOW, with a tax stamp. Now no tax stamp should be required. None.
1,069 posted on 06/27/2008 8:44:23 AM PDT by RKV (He who has the guns makes the rules)
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To: RKV
i used to have something similar when i was "the town marshal" of a little villager in East TX.

that's an AOW rather than a "sawed off shotgun" & the tax stamp is 5.oo.

frankly, i have "no bone to pick with" a 5.oo stamp. otoh, i think ALL the NFA weapons should have a 5.oo stamp or NO tax at all AND the NFA restrictions on civilian ownership of MGs/artillery pieces should be ABOLISHED.

fwiw, IF the "machine gun law" gets DUMPED, i'll buy:

a water-cooled,8x57mm, 1907 Maxim gun with "all the window dressing"

and/or

a Colt's Potato Digger in 30/40 Krag. (those are the only MGs that "turn me on".)

further, IF i could find/afford one, i'd like a GATLING in 30/40 or 30US caliber. NOTE: GATLINGS are NOT machine guns under the NFA!!! (they are considered SEMI-automatic rifles, as they are HAND-cranked & fire ONE round with each tripping of the internal trigger mechanism.)

btw, i'm currently thinking of buying an 1893 Krupp-made ONE POUNDER, breech-loading, cannon from a "nice man here in VA". it was built to be "broken down & transported by mule", has 18" wood spoke wheels & "all the goodies" still with the gun.

free dixie,sw

1,070 posted on 06/27/2008 9:11:33 AM PDT by stand watie (Resistance to TYRANTS is OBEDIENCE to God. T. Jefferson, 1804)
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To: stand watie

M240 for me - come the day. Maybe you can explain the difference between a sawed off shotgun and the photo. I don’t mean the cosmetics. Functionally they are near equivalents - shotguns which are short-barreled. One maybe old and beat up and the other new. The both are designed for room clearing, small in size and maybe concealable. Your thoughts? And I can well imagine why a town marshal would want to have one in inventory. Damned useful tool. I just want one too. Here in the People’s Republic, I can’t - for now. Given what one of those would cost, it’s the equivalent of a poor man’s machine gun. And I’ve shot those. Fun. BUT, not cheap to shoot. Oh well.


1,071 posted on 06/27/2008 9:19:18 AM PDT by RKV (He who has the guns makes the rules)
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To: RKBA Democrat

Turns out there’s 4 people on the Supreme Court who can’t even read.


1,072 posted on 06/27/2008 9:28:31 AM PDT by Psycho_Bunny (Islam: Imagine a clown car.........with guns.)
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To: RKV; All
the difference is (according to the LAW, which may i point out that i did NOT write!!!) that the AOW was DESIGNED & BUILT as it is originally & the "sawed off" was NOT so designed/built.

BOTH are able to be owned/registered LAWFULLY by civilians.

the AOW is 5.oo & the "weapon made from a rifle or shotgun", i.e. the "sawed off" is 200.oo.(NOW you understand why i want the tax dropped to 5.00 or ABOLISHED. as a "jack-leg gunsmith" i make a PRETTY NICE "sawed off" out of Ithaca Model 37s,Model 870s & Winchester Model 12s.====> i cut down a LOT of those in the 1970s for SOs,DPS troopers,game wardens, PDs & for other LEOs.)

what i had as the town marshal was a Remington Witness Protection Gun with 10" barrel. that's also a AOW. further it is GREAT as a "house protection weapon" as it is, loaded with #2 goose loads, EASY to hit with IN THE DARK, should that become necessary.

finally, i am seriously considering remaking a clone of the old Ithaca Auto-Burglar Gun, which is a 20guage magnum, side by side, pistol with 10" barrels (in stainless steel with black ballistic plastic grip & fore-end.). THE PERSUADER will be priced in the 3-400.oo range plus the 5.oo tax.

free dixie,sw

1,073 posted on 06/27/2008 9:45:41 AM PDT by stand watie (Resistance to TYRANTS is OBEDIENCE to God. T. Jefferson, 1804)
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To: Prole

Celebrate diversity. I love that.


1,074 posted on 06/27/2008 9:50:33 AM PDT by rdl6989 ( I'm a carbon based human being, a Carbonated-American)
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To: RKBA Democrat
It’ll take time, but 10 or 20 years from now, we will likely be in a much better position than we are now with regard to our gun rights.

We've been losing for sixty years, from the 1934 National Firearms Act until the 1994 Assault Weapons ban. For the last ten years we've been losing some and gaining some. It seems the tide turned with 2004 sunset of the Assault Weapons Ban and now a very big surge in freedom's direction with this Supreme Court Ruling. Repealing most of the rest of the unconstitutional laws infringing on our RKBA may take another sixty years -- one step at a time - with Chicago being the next step -- thanks to Alan Gura.

1,075 posted on 06/27/2008 11:23:16 AM PDT by Dagny&Hank
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To: Mad_Tom_Rackham

I think you’re on the right track, and your yardstick has a very straight edge. The treatment of the Second Amendment is different than that of any other right.

Let’s start asking if the civil rights related Amendments need registration. We’ll see how far that that flies.


1,076 posted on 06/27/2008 11:32:32 AM PDT by DoughtyOne ( I say no to the Hillary Clinton wing of the Republican party. Not now or ever, John McCain...)
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To: epow

I agree with most of your thoughts here. I am not comforted by the thought of McCain appointing judges. We have appointed seven of nine of current judges. Where are we? We’re loosing more case than we win. And the reason is people like John McCain are representing our side in these matters. That either stops, or we loose no matter what. We could have a situation where we have 9 of 9 judges, and still loose far too many cases. Is that the goal?

I recognize Obama causes a lot of angst. At some point we either take a stand or our next nominee will be worse than McCain, and the next worse than him.

We need to change direction as a party, and this is my stand. Folks may think that foolish, but I don’t not want to watch this naiton slide further over the edge, without having a concerted effort by Conservatives to turn this thing around.

And under John McCain, nothing gets turned around. Under him Conservatism is dormant, and then we get the McCain to the X to replace him.

I won’t be playing that game any longer.

I appreciate the thoughts behind your decision. I think they are reasoned, as far as they go.


1,077 posted on 06/27/2008 11:41:16 AM PDT by DoughtyOne ( I say no to the Hillary Clinton wing of the Republican party. Not now or ever, John McCain...)
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To: DoughtyOne; epow
And under John McCain, nothing gets turned around. Under him Conservatism is dormant, and then we get the McCain to the X to replace him.

FWIW, I pretty much agree. I think this will be the first time I put so much stock in who the VP will be. If it's a young conservative I will probably end up voting for McCain, but if it's another "centrist" I'll probably only vote at the local level.

1,078 posted on 06/27/2008 11:52:25 AM PDT by wmfights (Believe - THE GOSPEL - and be saved)
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To: wmfights

When I hear folks say this about the V.P. slot, I am reminded of Lyndon Johnson under J.F.K. Kennedy brought him on board to draw in Texas support. Once elected, Kennedy basically told Johnson to go pound sand.

Johnson was a very powerful political figure. I doubt one could be found today that would approach his clout. And still Johnson was relegated to lap dog status under Kennedy.

Now Johnson did take over after Kennedy, so you have that going for you. Absent that, I don’t think McCain listens to anyone except himself. So we’ll see how far ‘a good V.P.’ will get us. My guess is about one millimeter.


1,079 posted on 06/27/2008 12:23:39 PM PDT by DoughtyOne ( I say no to the Hillary Clinton wing of the Republican party. Not now or ever, John McCain...)
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To: DoughtyOne
Now Johnson did take over after Kennedy, so you have that going for you. Absent that, I don’t think McCain listens to anyone except himself.

I agree that he probably wouldn't pay any attention to his VP, but I think at best he is a one term Pres. if elected. Right now I don't think he can win.

1,080 posted on 06/27/2008 12:33:25 PM PDT by wmfights (Believe - THE GOSPEL - and be saved)
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