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High court to look at ban on handguns
McClatchy-Tribune ^
| Nov. 9, 2007, 12:18AM
| MICHAEL DOYLE
Posted on 11/09/2007 3:17:09 AM PST by cbkaty
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To: robertpaulsen
Don’t go there! That is a membership only on acceptance organization. I don’t want gun ownership rights to only accrue to official members of a state guard!
161
posted on
11/09/2007 8:57:33 AM PST
by
MindBender26
(Having my own CAR-15 in Vietnam meant never having to say I was sorry......)
To: mvpel
"he is already a member of the Militia of the United States"Of the unorganized Militia. The second amendment refers to a "well regulated" Militia not an unorganized Militia.
To: cbkaty
The right [to bear arms] is general. It may be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia; but this would be an interpretation not warranted by the intent. The militia, as has been explained elsewhere, consists of those persons who, under the laws, are liable to the performance of military duty, and are officered and enrolled for service when called upon.... [I]f the right were limited to those enrolled, the purpose of the guarantee might be defeated altogether by the action or the neglect to act of the government it was meant to hold in check. The meaning of the provision undoubtedly is, that the people, from whom the militia must be taken, shall have the right to keep and bear arms, and they need no permission or regulation of law for the purpose. But this enables the government to have a well regulated militia; for to bear arms implies something more than mere keeping; it implies the learning to handle and use them in a way that makes those who keep them ready for their efficient use; in other words, it implies the right to meet for voluntary discipline in arms, observing in so doing the laws of public order." -- Thomas M. Cooley, General Principles of Constitutional Law, Third Edition [1898]
163
posted on
11/09/2007 9:04:27 AM PST
by
Canali
To: Eastbound
Further, that in so doing, we would go along with what they said it means, beings we believe in the rule of law. I only support the rule of Law insofar as it is supported by the Constitution. "Judges of every State shall be bound thereby"... Say what you want about the SCOTUS being Federal, but it's a dodge. If the SCOTUS doesn't uphold the lower courts refutation of the ban on individual RKBA grounds, then we no longer have a Republic and Rule .308 is a viable option.
We are MORE than half-way there. For a number of reasons. Allowing them to attempt to draw our "Liberty Teeth" is a back breaking straw for many...
164
posted on
11/09/2007 9:05:06 AM PST
by
Dead Corpse
(What would a free man do?)
To: cbkaty
FROM MY COLD, VERY COLD, WRINKLED, COLD DEAD WRINKLED, HANDS.
165
posted on
11/09/2007 9:05:52 AM PST
by
RetiredArmy
(The Marxist's Dimocrat Party led us to defeat in Vietnam and want to repeat it in Iraq.)
To: MindBender26
No other part of the BOR has a procedural clause such as A well-regulated Militia, being necessary to the security of a free State The "militia" is sufficiently defined under federal law that the collectivist-only argument is unsustainable. They anti-gun crowd continues to cling to it, though, because it's all they've got.
If they cross that rude bridge once again, the embattled farmers will be there to meet them.
166
posted on
11/09/2007 9:07:06 AM PST
by
Charles Martel
(The Tree of Liberty thirsts.)
To: ctdonath2
I don’t engage the one-note retards.
167
posted on
11/09/2007 9:09:09 AM PST
by
Travis McGee
(---www.EnemiesForeignAndDomestic.com---)
To: cbkaty
Palmer turns 51 this month. He's an
openly gay scholar in international relations at the Cato Institute, a libertarian research center, and holds a Ph.D. from Oxford University. He thinks that a handgun saved him years ago in San Jose, Calif., when a gang threatened him.
WTH, I mean WTH? What does this have to do with anything?
To: cbkaty
Palmer turns 51 this month. He's an
openly gay scholarWTH, I mean WTH? What does this have to do with anything?
To: Charles Martel
170
posted on
11/09/2007 9:10:59 AM PST
by
Travis McGee
(---www.EnemiesForeignAndDomestic.com---)
To: FreedomPoster
You are correct. That is exactly what “well regulated” means.
171
posted on
11/09/2007 9:11:09 AM PST
by
Inyo-Mono
(If you don't want people to get your goat, don't tell them where it's tied.)
To: Dead Corpse
Concur. UCC 308 it is. (Unhappy Ctizen’s Code, not the Uniform Commercial Code).
To: mvpel
"In addition, I am a member of the New Hampshire State Militia, per RSA 110-B:1, IV."The unorganized militia. The second amendment clearly says, "a well regulated Militia". Why do you think you deserve protection from federal infringement?
Now, if you were a member of the New Hampshire State Guard, per RSA 110-B:1, III, then your possession of a weapon is protected by the second amendment.
To: Grunthor
On this issue, there isnt a gnats arse worth of difference between her and Rudy.Sure there is. Hillary has balls.
174
posted on
11/09/2007 9:16:16 AM PST
by
Pistolshot
(As long as you are waterboarding the Jihadists with pigfat, I'm all for it.)
To: mvpel
"Further, the California state constitution does not, in fact, protect the individual right to keep and bear arms."Correct. Yet that doesn't mean they're illegal. Million of Californians legally own millions of guns.
I'm assuming you have a point?
To: harpseal; TexasCowboy; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ...
Keep your fingers crossed, folks...
176
posted on
11/09/2007 9:18:46 AM PST
by
Joe Brower
(Sheep have three speeds: "graze", "stampede" and "cower".)
To: robertpaulsen
The unorganized militia. The second amendment clearly says, "a well regulated Militia". Nice dance on a head of a pin you got there. The word used is militia and there are 2 classes. Both are protected from infringement. Is Blackwater a militia?
177
posted on
11/09/2007 9:20:08 AM PST
by
beltfed308
(Rudy: When you absolutely,positively need a liberal for President.)
To: Joe Brower
They are. I've been saying every prayer to every deity I can think of.
Was tempted to try some voodoo, but the only chicken I can come up with is from KFC... ;-)
Keep yer' powder dry.
178
posted on
11/09/2007 9:20:48 AM PST
by
Dead Corpse
(What would a free man do?)
To: cbkaty
179
posted on
11/09/2007 9:21:35 AM PST
by
woollyone
(tazers...the 21st century version of the rusty bed frame, car battery, & clamps)
To: Gilbo_3
Hillary won’t have to personally take your gun - she’ll be in charge of the military and they will be ordered to do it. Also NAFTA includes the stipulation that it can be enforced by the military.
180
posted on
11/09/2007 9:22:09 AM PST
by
Grams A
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