Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: publiusF27
"How would that work, exactly?"

Probably the same as Kelo.

Once the second amendment is incorporated, there would be a challenge to some state concealed carry law brought before a liberal U.S. Supreme Court where they would rule "bear" does not include concealed carry. Like Kelo, this ruling would have no direct force on the states, but would send the message to all states that they had a green light to engage in this activity.

Or, similar to Parker (now Heller), a liberal U.S. Supreme Court could rule that handguns are not protected "arms" (as did the 7th Circuit in Quilici v Morton Grove). Again, no direct effect on the states, but it would open the door.

If enough states started banning handguns, they could ask Congress to pass a law banning the interstate commerce of them -- similar to what Congress did before Prohibition with the Webb-Kenyon Act.

Which didn't work (of course) which led to Prohibition.

Given their record, having five justices defining the second amendment for every state and every citizen makes me uncomfortable.

989 posted on 11/16/2007 6:24:12 AM PST by robertpaulsen
[ Post Reply | Private Reply | To 978 | View Replies ]


To: robertpaulsen
Once the second amendment is incorporated, there would be a challenge to some state concealed carry law brought before a liberal U.S. Supreme Court where they would rule "bear" does not include concealed carry. Like Kelo, this ruling would have no direct force on the states, but would send the message to all states that they had a green light to engage in this activity.

But some states already ban carrying weapons, some allow it, and some require a permit. I don't see how a ruling saying they can all continue to do what they're doing affects anything.

Or, similar to Parker (now Heller), a liberal U.S. Supreme Court could rule that handguns are not protected "arms" (as did the 7th Circuit in Quilici v Morton Grove). Again, no direct effect on the states, but it would open the door.

There's no door in the doorway now. It's already clear that handguns (or any other weapons) in the hands of the unorganized militia are not protected. You said so yourself.

If enough states started banning handguns, they could ask Congress to pass a law banning the interstate commerce of them -- similar to what Congress did before Prohibition with the Webb-Kenyon Act.

And the current interpretation by the majority of the federal courts today would not allow that to happen? Why not?

Given their record, having five justices defining the second amendment for every state and every citizen makes me uncomfortable.

It has already been defined, and it's meaningless to most citizens. I get a pointed stick, as you pointed out. No machine guns, the AWB was apparently OK, and how exactly are my handguns currently protected? I really fail to see how they could make matters worse.
1,023 posted on 11/16/2007 3:22:53 PM PST by publiusF27
[ Post Reply | Private Reply | To 989 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson