Posted on 11/09/2007 3:17:09 AM PST by cbkaty
Justices to decide whether to take up case on strict limits approved in D.C.
WASHINGTON — The Supreme Court will discuss gun control today in a private conference that soon could explode publicly.
Behind closed doors, the nine justices will consider taking a case that challenges the District of Columbia's stringent handgun ban. Their ultimate decision will shape how far other cities and states can go with their own gun restrictions.
"If the court decides to take this up, it's very likely it will end up being the most important Second Amendment case in history," said Dennis Henigan, the legal director for the Brady Campaign to Prevent Gun Violence.
Henigan predicted "it's more likely than not" that the necessary four justices will vote to consider the case. The court will announce its decision Tuesday, and oral arguments could be heard next year.
Lawyers are swarming.
Texas, Florida and 11 other states weighed in on behalf of gun owners who are challenging D.C.'s strict gun laws. New York and three other states want the gun restrictions upheld. Pediatricians filed a brief supporting the ban. A Northern California gun dealer, Russell Nordyke, filed a brief opposing it.
From a victim's view: Tom Palmer considers the case a matter of life and death.
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.
"A group of young men started yelling at us, 'we're going to kill you' (and) 'they'll never find your bodies,' " Palmer said in a March 2003 declaration. "Fortunately, I was able to pull my handgun out of my backpack, and our assailants backed off."
He and five other plaintiffs named in the original lawsuit challenged Washington's ban on possessing handguns. The District of Columbia permits possession of other firearms, if they're disassembled or stored with trigger locks.
Their broader challenge is to the fundamental meaning of the Second Amendment. Here, commas, clauses and history all matter.
The Second Amendment says, "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed."
Gun-control advocates say this means that the government can limit firearms ownership as part of its power to regulate the militia. Gun ownership is cast as a collective right, with the government organizing armed citizens to protect homeland security.
"The Second Amendment permits reasonable regulation of firearms to protect public safety and does not guarantee individuals the absolute right to own the weapons of their choice," New York and the three other states declared in an amicus brief.
Gun-control critics contend that the well-regulated militia is beside the point, and say the Constitution protects an individual's right to possess guns.
Clashing decisions
Last March, a divided appellate court panel sided with the individual-rights interpretation and threw out the D.C. ban.
The ruling clashed with other appellate courts, creating the kind of appellate-circuit split that the Supreme Court likes to resolve. The ruling obviously stung D.C. officials, but it perplexed gun-control advocates.
If D.C. officials tried to salvage their gun-control law by appealing to the Supreme Court — as they then did — they could give the court's conservative majority a chance to undermine gun-control laws nationwide.
Be Ever Vigilant!
When you see the arrogance and treason in DC today, it's becoming apparent that we may need them to control our runaway government. When they are this treasonous knowing we still have guns, can you imagine how bad it would be if we were not armed and able to protect ourselves?
"No free man shall ever be de-barred the use of arms. The strongest reason for the people to retain their right to keep and bear arms is as a last resort to protect themselves against tyranny in government." --Thomas Jefferson
"Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence. To secure peace, securely and happiness, the rifle and the pistol are equally indispensable. The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good." --George Washington
"And that the said Constitution be never construed to authorize Congress ... to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.... "--Samuel Adams
"No government power can be abused long. Mankind will not bear it. There is a remedy in human nature against tyranny, that will keep us safe under every form of government."---Samuel Johnson
"The tree of liberty needs to be watered from time to time with the blood of patriots and tyrants."---Thomas Jefferson "If ever time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin" ~ Samuel Adams
"I hold it, that a little rebellion, now and then, is a good thing, and as necessary in the political world as storms in the physical."--Thomas Jefferson
"It cannot be emphasized too strongly or too often that this great nation was founded, not by religionists, but by Christians; not on religions, but on the gospel of Jesus Christ. For this very reason peoples of other faiths have been afforded asylum, prosperity, and freedom of worship." --Patrick Henry
"A government that does not trust it's law abiding citizens to keep and bear arms is itself unworthy of trust." -James Madison
" Freedom was never lost through a brutal assault; it was lost due to sloth, lack of vigilance, and apathy. Gradually more restrictions were imposed to make life seem safer, orderly and more fair. Freedom has been ravaged, now we must suffer the consequences!" author unknown
have you ever asked her if she truly is anti-gun, or merely anti-MISUSE of gun?
You forgot "chapped". Welcome to winter :)
“We should let Musharaff be AG for a week or so. He has the handle on lawyers.”
Whatever you think about our lawyer friends....watching Musharaff in action was poetic justice at its finest. All of us need reminded every now and then the old “treat others as you would have others treat you” adage. Lawyers are way down on the list (like Unions, journalists, politicians, etc) of understanding and following that one!
No, the phrase used is "a well regulated Militia". Why do you think the Founding Fathers added "well regulated"?
"Is Blackwater a militia?"
I thought they were a private security service of some sort. So I'm going with a "no".
Agreed. At the time it was drafted, the idea of the citizens’ right to maintain an armed militia capable of taking on the government was perceived as the most potentially contentious issue surrounding this right, thus the unfortunate preamble.
Yeah, that is true. It is the one thing that really seems to be very powerful, since otherwise, they just go back to “but it says well-regulated militia...are you a militia.”
What do you think “well regulated” means?
This is the court that gave us Kelo and upheld McCain/Feingold. I'd say your cautions are justified.
“The difference in restrictions on the First Amendment is that they are not “prior restraint.” You don’t gag everyone who walks into the theater, or subject them all to mental exams, in case someone might falsely yell “fire.”
The same can’t be said of restrictions on gun ownership.”
brilliant...well said. Let’s hope someone uses that analogy in arguements before the Supremes.
The right of the people as part of the militia.
Where’s your support for a ban on buckets you leftist lying scumbags?
When we hear them scream and shout that they care about how many kids are killed by guns, it's total BS. IF they really cared, they'd ban alcohol. Far more kids are killed by drunks in car wrecks every year than they are by guns.
That brings us back to the real reason they want to ban guns. It's about control! As long as we have guns, they can't control us!
A well regulated Militia is one that is organized, armed, trained and accoutered with officers appointed by the state.
What do you think "well regulated" means?
And I am a member of the United States and New Hampshire militias.
Pretty much the same thing - just checking.
No, that case was decided in 1939 regarding the 1934 NFA law.
No, we lost the Senate because gun owners had no reason to go vote. The only reason that we kept the House and Senate after the “revolution” in 1994 was that the gun owners were making sure the AW ban sunsetted. That was the only thing that happened for gun owners during that time. The gun manufacturers protection act was only passed because if it hadn’t been, the door would have been open for other industries to suffer the same.
After the sunset in 2004, gun owners walked away from the all talk, no walk Republicans in Congress. What gets me is that the Dems know it, but the Republicans refuse to accept it and they will not regain power until they do.
Mike
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