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

This is a good synopsis of everything that transpired. While I am breathing a sigh of relief that the Court doesn't appear to want to open the P&I Pandora's Box, I am troubled that the Court looks like it will issue an opinion without many teeth at all. If there is any dicta in the case along the lines of what Justice Scalia said, liberal States will take that as cart blanche to continue to deny any right to concealed carry.
1 posted on 03/02/2010 11:31:05 AM PST by freedomwarrior998
[ Post Reply | Private Reply | View Replies ]


To: freedomwarrior998

Scalia seems right to me as a matter of constitutional interpretation. The exercise of rights can be regulated, and just because we have the right to carry weapons, doesn’t mean we have a right to conceal those weapons. Requiring that weapons be carried openly would not rise to a constitutional issue.


2 posted on 03/02/2010 11:36:51 AM PST by CharlesWayneCT
[ Post Reply | Private Reply | To 1 | View Replies ]

To: freedomwarrior998
liberal States will take that as cart blanche to continue to deny any right to concealed carry.

or worse than that, a buffet line of national 'common sense' regulations that will be forcefed upon the conservative states...

3 posted on 03/02/2010 11:37:05 AM PST by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: freedomwarrior998

“bearing arms” as in “the right to keep and bear arms” would seem to suggest that scalia is wrong when he says that the second amendment doesn’t protect one’s right to carry a concealed weapon. Is that not “bearing arms” and is that right not being infringed when a law is passed that states you may not “bear arms” in this manner? keeping arms is only half of the right.


4 posted on 03/02/2010 11:38:49 AM PST by RC one (WHAT!!!!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: freedomwarrior998
Justice Scalia on no less than three occasions noted that the right to concealed carry would not be protected by the Second Amendment.

How in the world does anyone square that with the 2nd Amendment? Is concealed carry not bearing arms? Isn't the right not to be "infringed?"

6 posted on 03/02/2010 11:40:01 AM PST by 668 - Neighbor of the Beast (STOP the Tyrananny State.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: freedomwarrior998

I fear that this will end badly. We get incorporation, but big-fed winds up the winner. This reinforces the fact that the supreme court is not about protecting the constitution.


16 posted on 03/02/2010 12:02:30 PM PST by xmission (www.iwilldefendtheconstitution.com)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: freedomwarrior998
While I am breathing a sigh of relief that the Court doesn't appear to want to open the P&I Pandora's Box

Why? Do you have something against The Constitution and freedom?

I am troubled that the Court looks like it will issue an opinion without many teeth at all. If there is any dicta in the case along the lines of what Justice Scalia said, liberal States will take that as cart blanche to continue to deny any right to concealed carry.

Agreed, but they have to keep it all middle-of-the-road to keep Kennedy on board.

They will almost certainly issue a blanket incorporation with very limited specifics (and, hopefully, very limited limits) and leave the rest to future courts.

It will be up to us to do two things: 1. bring cases on those specifics we care about (such as AWBs and CCWs using things like "arbitrary and capricious" as arguments) and 2. recognize that elections have consequences and Obama making appointments is quite different than even a RINO like McCain doing so.
25 posted on 03/02/2010 12:21:58 PM PST by Filo (Darwin was right!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: freedomwarrior998

> “The Court was not at all receptive to arguments on Privileges or Immunities but incorporation on Due Process is a slam dunk.”

For those on this webpage who were blasting the NRA for “horning in” on Gura’s case, P&I was virtually all that Gura was arguing for (there were about 70 pages in his brief on that and 5 pages on Due Process). If it had not been for the NRA “horning in” this could have been a VERY bad day for gunowners.

Those same people should remember that Gura and his paymaster are Libertarians first, foremost, and always. The gun stuff is just a vehicle for them, not their central concern.


30 posted on 03/02/2010 12:39:29 PM PST by jim_trent
[ Post Reply | Private Reply | To 1 | View Replies ]

To: freedomwarrior998
Justice Scalia on no less than three occasions noted that the right to concealed carry would not be protected by the Second Amendment

Would love to hear what these people think the "right to keep and bear arms" really means?

Keep and bear arms in your safe? WTF?
38 posted on 03/02/2010 2:59:22 PM PST by Red in Blue PA (If guns cause crime, then all of mine are defective!)
[ Post Reply | Private Reply | To 1 | 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