2nd Circuit Upholds New York Handgun Limits (2nd Amendment only covers federal laws - Judge Wesley)

New York Law Journal ^ | 5-10-2005 | Mark Hamblett

[FreedomCalls]

Interesting. Bad cases make often make for bad decisions. This would seem to be a good case upon which to challenge 2nd Amendment violations now that the 2nd Circuit is in conflict with the 5th. He's a textbook good-guy gun owner.

[Robert_Paulson2]

some day, the robed ones at the supreme court will have to face the music, and determine once and for all: "Are guns individual rights? or rights belonging to the collective, and governed therby?"

Same goes for the other bill of rights items. Perhaps all our enumerated rights, are really just for the good of the collective... including speech.

yeah that's the ticket.

[SittinYonder]

Mordue held that Bach could not allege a constitutional right to bear arms because the "Second Amendment is not a source of individual rights."

Funny, I thought our country was founded on the idea that individual rights come from God and that government exists only to protect those rights, not to infringe on them. I've got their individual rights ...

[Spktyr]

Exactly what I was thinking - the two circuits are in total and complete disagreement; this opens the door for a challenge to the Supreme Court to decide it once and for all. It's even better since he's a soldier and with his security clearance he has reason to fear for his life when off duty - and New York (and 2nd Circuit) is saying "No, sorry, even though you protect us and keep us safe from terrorists, we don't trust you to have a gun to protect yourself."

[still_learning]

Attorney General Eliot Spitzer has identified himself as a tyrant.

[Swordmaker]

"Second Amendment is not a source of individual rights."

They are right... it is not a source of invidual rights. The right is inherent in every person and cannot be granted or removed by the action of Congress. The 2nd Amendment like all of the Bill of Rights are reminders to Congress that certain rights were retained by the people when they granted limited powers to the central government.

However, these 2nd Court idiots then complete screw up everything following that in their decision.

[King Prout]

fine.
new york drivers licenses, by the same rationale, are invalid in my great State of Georgia.
pull 'em over, arrest 'em, impound and sell their cars.
that'll get the point across.

[politicket]

I've got their individual rights ...

Amen!

Of course the Federal government DOES give me the right to work 70-80 hours a week to keep my small business afloat, while at the same time setting aside 1 BILLION dollars of taxpayer money to cover emergency room visits of ILLEGAL immigrants!

GGGGGRRRRRRRRRRRRRRRRRRRRRRRRR!!!!!!!!!!!!!!!!!!!!!!!

[ConservativeLawyer]

New York state countered by arguing that the Second Amendment is only a guarantee to the states of "the collective right to fortify their respective 'well regulated' militias."

This is so outrageous. It is impossible to reconcile the fact that the courts read:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,...."

and find a right guaranteed to individuals and then read:

"the right of the people to keep and bear arms, shall not be infringed."

and find a right guaranteed only to the states.

[IronChefSakai]

"Are we at last brought to such a humiliating and debasing degradation, that we cannot be trusted with arms for our own defense?.... If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to use, as in our own hands?"
-- Patrick Henry

[sourcery]

The Fourteenth Ammendment was adopted precisely because the Southern States were denying Blacks the right to bear arms. That is a matter of historical record, and renders this court decision invalid on its face.

[sourcery]

See, for example, The Fourteenth Amendment and the Right To Keep and Bear Arms: The Intent of the Framers

[dmanLA]

They are coming for the guns. It's just a matter of time.

History and fact doesn't matter to most in government anymore.

[sourcery]

History and fact doesn't matter to most in government anymore.

If people would get as worked up over unconscionable wrongs in the same way they did over the Terri Schiavo affair, perhaps that could be changed.

Why isn't Congress rushing to impeach the judges who made this execrable ruling? Why aren't we all demanding they do so?

[Travis McGee]

New York state countered by arguing that the Second Amendment is only a guarantee to the states of "the collective right to fortify their respective 'well regulated' militias."

Is that so....hmmmm....

[de Buillion]

"They are coming for the guns. It's just a matter of time. "

When they come, I will stand my ground.

[spinestein]

Since our Constitution is a "living document" blowing in the winds of change, this is how the 2nd amendment is interpreted today by our benevolent judges making sure that we are protected from ourselves.




AMENDMENT II

A well regulated militia, being necessary to the security of the government, the right of the military to keep and bear arms, shall not be threatened by extremist individuals with guns.




Get with the times, people.

[Southack]

[Gondring]

As a country boy who grew up in New York State and is now in exile to a place that treats me better than it treats its criminals, I love your idea!!