Live Replay of SCOTUS Oral Arguments in DC v. Heller (2A case)

C-SPAN ^ | March 18, 2007 | C-SPAN

[NinoFan]

http://www.cspan.org/watch/cs_cspan_wm.asp?Cat=TV&Code=CS

[AuH2ORepublican]

“3. 2nd will be incorporated.”

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From your lips to God’s ear. It is a travesty that the 2nd Amendment has never been incorporated against the states (while the Establishment Clause, which is clearly *not* an individual right, has been).

[Lurker]

For later.

L

[Pistolshot]

The difference here is almost all of the British pistols were smoothbore, while most of the American manufactured pistols, were rifled.

[fishhound]

Does anyone know how this decision can drill down to the problem of local liscensing authorities, in states,regulating concealed carry permits.

[bill1952]

5.56 doesn’t go through sheetrock

don’t stand on the other side of my wall to test that out. 8^)
I do see your point, of course.

[P8riot]

Confidence is high Houston!

A lot of us thought Bush was gonna veto CFR too. I'm not holding my breath.

[Centurion2000]

From your lips to God’s ear. It is a travesty that the 2nd Amendment has never been incorporated against the states (while the Establishment Clause, which is clearly *not* an individual right, has been).

I wonder if the Justices are imagining post 2008 election results and planning a counter to any possible radicalism from any side.

[ExSoldier]

Clinton and Obama will not be able to hide as soon as this decision is handed down.

Assuming of course that the holding is something completely inimical to their views. Even then, watch for the RAT party to twist the words and parse the Court's intent to their own silly ends....I can hear OBAMA now: I never disputed the Supreme Court's interpretation of the 2nd Amendment! I only think that there must be reasonable restrictions on this huge responsibility carried by all Americans.

[bill1952]

A Henry .44?

[ExSoldier]

Ginsberg is looking for ANY excuse to support the ban.

What do you expect from a person whose only qualification to be a USSC Justice is that of having been lead counsel to the ACLU? She wasn't even a judge! I'm pretty sure of that, anyway.

[Free Vulcan]

Transcript is up on the SCOTUS site. Link here:

http://www.supremecourtus.gov/oral_arguments/argument_transcripts/07-290.pdf

[bill1952]

Have you ever read any of the contemporary descriptions of those arms written by those unfortunate enough to be equipped with them?

I suppose they did attract the ladies. :)

Let me dig up one of my old reference books on them.
I keep every publication that I have ever collected or bought, so it will take a few minutes...

[unspun]

Seems it would be a miracle to get this from the convoluted SCOTUS, but a fair interpretation of the amendment would allow a citizen to own any weapon that a footsoldier generally carries — if he passes tests indicating he is worthy in character and behavior of owning a weapon and in using it to defend America’s constitution.

The same with carrying, under reasonable community standards for anyone carrying weaponry.

It is obvious that the Constitution provides for the common practice of a militia needing to be formed by citizens bringing their own arms to meet the need.

[GnL]

I listened to the entire arguments. I believe the 2nd Amendment will be held to mean an individual right. The breakdown will be:

For individual right:
Roberts
Scalia
Thomas
Kennedy
Alito

For collective/militia service:
Breyer
Souter
Ginsburg
Stevens

I don't think they will rule on degree of scrutiny, merely will decide that the D.C. ban goes too far. Roberts' questions leads me to think it will be a narrow decision. What restrictions are Constitutional will be left for another day. Gura conceded the restrictions on machine guns and "plastic guns" (whatever the hell those are). For the sake of this decision that is ok. Hopefully the follow on decisions regarding scrutiny will be argued by someone less willing to concede the application of specific firearms.

[ExSoldier]

Bush has not done firearms owners any favors during his term.

Like father, like son.

[AuH2ORepublican]

I think that the 2nd Amendment provides citizens with the right to keep and bear arms for their protection, whether or not such arms are used by footsoldiers.

[Domandred]

Yea I wanna know where that plastic gun thing kept coming from. The only time I hear “plastic gun” is when erroneously talking about Glocks on television shows. Where are these so called plastic guns that can defeat metal detectors? All the plastic guns I know about that are real shoot water, darts, or small plastic pellets.

[ArrogantBustard]

Clarence Thomas

Samuel Alito

John Roberts

[semantic]

I listened to the entire hearing - even Stevens, Ginsberg et al cannot escape the plain meaning. What is most striking, and I haven't seen anyone point it out yet, is that the entire discussion by all justices was based on contemporaneous construction. That is, stare decisis (eg Miller was consistently dismissed as insufficient) wasn't even on the table. This is HUGE.

My prediction: SCOTUS will rule 9-0 that the 2A is an individual right not limited to soldiering; it will also incorporate under the 14th subject to strict scrutiny. This will leave open specific licensing, proficiency testing, public safety restrictions, concealed carry, etc on a state by state basis. But there will be no blanket limits on type of arm, keep and bear.

[ExSoldier]

I think the standard IS whatever would be issued in the military to a soldier.

However, didn't the Justices seem to agree that the 2nd doesn't extend protection to machineguns? THe M16 family is selective fire and therefore function at least in part as machineguns. It happens I agree with you, but I'm trying to restrain myself in case the High Court comes down with a squirrely decision in trying to please all the sides, instead of doing what is right.