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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: cbkaty
They meant well-regulated in that the militiamen would be well-trained. I don't think it meant regulated by the federal government. That's why they have a standing military.
81 posted on 11/09/2007 6:38:35 AM PST by wastedyears (One Marine vs. 550 consultants. Sounds like good odds to me.)
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To: Gilbo_3

They were fought for so that others would recognize them.


82 posted on 11/09/2007 6:39:40 AM PST by wastedyears (One Marine vs. 550 consultants. Sounds like good odds to me.)
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To: devistate one four

I just checked that code, and it looks to me to be poorly written.

Just what will happen if the politicians actually DO succeed in banning firearms? Whose side will the military, police, and National Guard be on?


83 posted on 11/09/2007 6:42:36 AM PST by wastedyears (One Marine vs. 550 consultants. Sounds like good odds to me.)
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To: cbkaty
Pediatricians filed a brief supporting the ban.

I read it. There is absolutely no legal content therein, just select statistics and biased social policy.

84 posted on 11/09/2007 6:43:33 AM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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To: MileHi
"It is pretty clear that had anyone been present to represent Miller and give evidence that a short barreled shotgun was indeed a suitable militia weapon"

At the time of Miller, yes, short barreled shotguns had been used by the military. Just not that short.

"the Court would have found that Miller had a right to possess it."

Mr. Miller was not arrested for possessing a short barreled shotgun. He was arrested for possessing a short barreled shotgun without a federal tax stamp.

You can argue all you want whether of not this was a suitable militia weapon. The fact is, it lacked a stamp. He violated the federal law that required one on this type of weapon.

85 posted on 11/09/2007 6:44:54 AM PST by robertpaulsen
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To: cbkaty

“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”

Backpack or backside?


86 posted on 11/09/2007 6:45:14 AM PST by Hacklehead (Proud graduate of the Klingon School of Interpersonal Communication.)
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To: MindBender26

We also don’t have a Naval militia.


87 posted on 11/09/2007 6:45:25 AM PST by wastedyears (One Marine vs. 550 consultants. Sounds like good odds to me.)
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To: padre35

Either way it will raise a red-hot issue for Election ‘08.
If we win, our opposition will _freak_.


88 posted on 11/09/2007 6:45:38 AM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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To: SWEETSUNNYSOUTH

DC’s petition reads like a chess player hoping his opponent won’t see his very weak position.


89 posted on 11/09/2007 6:48:06 AM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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To: SkyPilot

If what you’re doing is above board and legal,

you don’t need to wear masks, or cover your badge numbers.

Otherwise, you’re just thugs under the false cover of authority.


90 posted on 11/09/2007 6:48:12 AM PST by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: SirFishalot

Can you elaborate on their plan?


91 posted on 11/09/2007 6:49:18 AM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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To: MindBender26
This is a very dangerous time for us. 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 clause should not matter. A militia is not the same as a standing army. Militias are called in the absence of a standing army, or to bolster that army's strength. The whole idea of a militia is that it consists of citizens bringing their own weapons to the fray. If the citizens were not allowed to keep and bear arms, they would never have the opportunity to form a militia.

92 posted on 11/09/2007 6:51:21 AM PST by Sans-Culotte
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To: Buffalo Head

A liberal running as a Republican is still a liberal.


93 posted on 11/09/2007 6:51:39 AM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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To: mvpel
"You don’t gag everyone who walks into the theater, or subject them all to mental exams, in case someone might falsely yell “fire'

Nor do we ban everyone from owning a gun. Nor do we ban all guns.

The government may impose a reasonable restriction on any fundamental right provided there's a compelling governmental interest in doing so and provided the law is narrowly tailored. "Gagging everyone" would be considered "over-inclusive".

94 posted on 11/09/2007 6:53:48 AM PST by robertpaulsen
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To: MindBender26
"It’s absence would solve a lot of problems."

It's absence would change the meaning.

Unlike other parts of the constitution, the second amendment doesn't say, "... all persons have the right ..." or "... citizens have the right ...". It specifically says, "... 'the people' have the right ...".

So who were "the people"? The preamble explains who they were.

95 posted on 11/09/2007 7:09:26 AM PST by robertpaulsen
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To: MileHi

Methinks the court used the “no evidence” line to neutralize the effect of Miller et al not showing up. They knew how important the case was, but couldn’t achieve a fair ruling without the defendant present. Saying


96 posted on 11/09/2007 7:15:34 AM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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To: Wonder Warthog
there ARE limits to the First Amendment ("yelling "fire" in a crowded theater").

Groan...not again...

You ARE free to yell "fire" in a crowded theater. The government does not require a license to do so, does not explicitly forbid doing so, and does not tax/regulate/prohibit any tools that facilitate doing so.

If there IS a fire, nobody will question the legality of you shouting "fire".
If yelling "fire" is part of the performance and is understood to be such, no harm will be done.
If there isn't, and harm is done by you doing so, the issue isn't that you violated a restriction on yelling "fire", but instead are responsible/liable for the consequences of your actions.

Lose the tired, inaccurate, ignorant analogy already.

97 posted on 11/09/2007 7:19:54 AM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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To: ExSoldier
The government didn't win Miller. Nobody won Miller. The case was remanded for further evidence, and died from neglect.
98 posted on 11/09/2007 7:21:38 AM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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To: cbkaty
" . . . the right of the people to keep and bear arms . . . "

If the supreme law of the land already acknowledges that the people have right to keep and bear arms and it shouldn't be infringed, why do we need the supreme court to re-decide the issue?

It's already decided and chiseled in stone. The supreme law of the land cannot be over-written by a state constitution, or any judge, or any state law or any treaty law or any other law passed by congress that is not in pursuance and is repugnant to the Second Amendment. That's why it's called the supreme law. (Article VI, pra 2.)

If it ain't broke, don't fix it.

Do you need a committee to tell you that white is white and black is black? It's self-evident. And so is the Second Amendment.

Even if the Supreme Coiurt did rule that white was black and black was white, the people are going to ignore the court. They already know what the labels for colors are.

In case anyone here is confused and don't know how to read, put your hand on your ass and say, 'This is my ass.' Now dig a hole and point to it and say, 'That is a hole in the ground.'

Case closed!

99 posted on 11/09/2007 7:21:59 AM PST by Eastbound
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To: CholeraJoe

Liberals all.. There’s smart asses on this very site saying crap like “take your meds”. How bad is that?


100 posted on 11/09/2007 7:22:27 AM PST by Rick.Donaldson (http://www.transasianaxis.com - Visit for lastest on DPRK/Russia/China/Etc --Fred Thompson for Prez.)
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