‘Substantive’ victory for gun owners

Examiner.com ^ | June 28, 2010 | John Pierce

[JohnPierce]

The Supreme Court granted certiorari in the case of McDonald v. Chicago to resolve the question of Second Amendment incorporation, setting the stage for a second seminal Second Amendment ruling in as many years.

Today, we received that long-anticipated holding.

As expected, the opinion, written by Justice Alito, holds that the Second Amendment DOES in fact, incorporate against the states through the Due Process Clause of the 14th Amendment.

[JohnPierce]

This is my initial article on the mcDonald ruling. More to follow as I read this 214 page giant. :)

[Puppage]

5-4......scarey

[Puppage]

5-4......scary

[Uncle Hal]

Folks, 5 to 4. We are only one heart attack away from this becoming a “liberal” court. It is coming.

[EagleUSA]

5-4......scarey

:::::

Yes. Four members of the SCOTUS want the Second Amendment gone and for the exact reason it was put in the Bill of Rights.

[frog in a pot]

“We are only one heart attack away from this becoming a “liberal” court.”

You are correct, of course.
However, some would say that is an understatement, that
“we are only one heart attack away from this becoming a court that ignores the Constitution.”

[JohnPierce]

If only we had gotten to name the two justices this term. :(

[ridesthemiles]

I sure would be happy if Kagan fell off her perch & got hammered out of this nomination.

[Enterprise]

"States such as New York, New Jersey, Maryland (most of the Northeast in fact), Hawaii and California should all expect challenges to their individual draconian laws."

California lawmakers, like Lokyer, have had the opinion for years that gun rulings from the USSC didn't apply to California because the 2nd Amendment was not adopted by California. Because the USSC has made the 2nd Amendment binding on all states, and because California passed all those laws before the binding, I argue now that all of California's anti-gun laws have just been nullified.

[EagleUSA]

“I sure would be happy if Kagan fell off her perch & got hammered out of this nomination.”

:::::::::

Everyone knows how qualified she is. Again, in line with the administration in total, she is totally without accomplishment. She fits. If the Repubs have any guts at all (har!) they will stop this nomination.

[Russ]

Didn't Sotomayor try to come across as pro-2nd amendment in her confirmation hearing? She should be charged with perjury...

Was Stevens the fifth vote? If so, this will be overturned as soon as Kagen gets on the bench...

[goldstategop]

It incorporated the Second Amendment into the Fourteenth Amendment and made it clear gun rights are on the same level as all other constitutional Americans enjoy. This means bans on gun ownership are unconstitutional and states may not conditional law gun carry on arbitrary licensing requirements and fees. The SCOTUS gave America a great end of term and Fourth Of July present!

"Show me just what Mohammed brought that was new, and there you will find only things evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelogus

[EagleUSA]

“...I argue now that all of California’s anti-gun laws have just been nullified.”

::::::::::

Good point! At least for any law that PREVENTS THE OWNING of certain types of firearms, other than types that are federally banned (eg. fully automatic types).

[Elsiejay]

Is there a procedure or tactic that Pubbies could use to stop her confirmation, IF they had the cojones to do so?

[goldstategop]

I meant constitutional rights. The RKBA now has the same constitutional protection as freedom of speech all across the country.

"Show me just what Mohammed brought that was new, and there you will find only things evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelogus

[EagleUSA]

Is there a procedure or tactic that Pubbies could use to stop her confirmation, IF they had the cojones to do so?

::::::::::::

Fillibuster(?) I think so.

[JohnPierce]

Stevens filed a dissent.

[dartuser]

Depends on which heart.

[Enterprise]

I think that Sotomayor took the position that the 2nd Amendment applied to the Federal Government, not to the States.

Rush said that replacing Stevens is not a change in the numbers. Using that information, my guess is that the five who upheld the 2nd are Scalia, Thomas, Alito, Kennedy, and Roberts.

[Sir_Ed]

Automatic weapons are banned only if they were manufactured after 1986...anything made before then can be purchased in most states with a local and FBI background check and a $200 tax stamp payment to the NFA branch of the ATF,

Ed