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*LIVE THREAD* DC vs Heller decision due at 10:00 EST (2nd Amendment)
SCOTUS Blog ^ | 6-26-08 | shameless vanity

Posted on 06/26/2008 3:55:39 AM PDT by RKBA Democrat

Today is the day.

The folks at SCOTUS blog will be providing a live blog to follow developments as quickly as possible.


TOPICS: Breaking News; Culture/Society; News/Current Events; US: District of Columbia
KEYWORDS: banglist; bitter; elections; heller; judiciary; scalia; scotus; secondamendment; shallnotbeinfringed
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To: andy58-in-nh
The larger issue for all of us is the historical scope of judicial review and the self-appointed ability of the Court to determine what the Constitution says

Yes! Yes, but ... it's not only the Court that is the problem there, in that usurpation since the wimpy yet devastating ruling in Marbury. It's a matter of the other branches and sovereigns -- the Executive, the Legislative, the States, the People -- TAKING BACK what was wrongfully taken from us. Of being adults, sane, sober, responsible -- and refusing to let a thief prosper. Mice or men stuff.

Today the Court rules over a kingdom of mice. Where are the rulings of men?

741 posted on 06/26/2008 8:59:38 AM PDT by bvw
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To: DBrow

Can we get the NRA to sue on 14th Amendment grounds that unless the tools of free speech and press are subject to permit (Carry Concealed Bic?), than the tools of defense ought not either?


742 posted on 06/26/2008 9:00:24 AM PDT by ExGeeEye (I've been waiting since 11/04/79 for us (US) to do something about Iran.)
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To: stand watie

Wow, 4 decades in LEO! God Bless You!

Hope you are well.


743 posted on 06/26/2008 9:01:55 AM PDT by austinaero
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To: Prokopton

Okay. I’ll try to learn to trust Obama as you suggest.


744 posted on 06/26/2008 9:01:55 AM PDT by San Jacinto
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To: RKBA Democrat; gonzo; mcmuffin

Whoo Hoo!!!


745 posted on 06/26/2008 9:02:38 AM PDT by Matchett-PI (Driving a Phase Two Operation Chaos Hybrid that burns both gas AND rubber.)
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To: paul544

“We came one vote away from losing our rights. That’s scary.”

Yep. I’m glad we won, but that vote is WAY too close for comfort. I guess I was being naive, but I expected the majority would be larger. This shows how important the upcoming election is as far as the makeup of the Court.


746 posted on 06/26/2008 9:02:59 AM PDT by chickpundit
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To: CharlesWayneCT
Hey Buckaroo,

The dims and independents elected McVain in the rotton open primaries of our first half dozen primaries. 90% of Conservatives never even really had a vote in this go-around.

I , as well as all other registered Republicans were thrown under the bus in favor of dims and squishy independents in a few Eastern states. McVain wonders why he gets no $$$$$$. Does he really expect dims and the squishy middle to donate heavily? Does he really think dims and the linguini spined middle would raise hell in another Floriduh fiasco on his behalf?

While many of us feel compelled to vote for him, some do not, but remember ...... McPain and the RINO section of the party rejected we who are on the right.

If the primary system of our party is not corrected by 2012, I will look to another party .

Nam Vet

747 posted on 06/26/2008 9:03:02 AM PDT by Nam Vet ("Erin Go Bragh", declares Democrat hopeful Barry Finnegan O'Bama)
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To: onemiddleamerican

That is a priceless photo!

Isn’t that Sister Annie Sure Shot, second from the left?


748 posted on 06/26/2008 9:04:16 AM PDT by Redbob ("WWJBD" ="What Would Jack Bauer Do?")
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To: Still Thinking
yep, he probably had to humor Kennedy.

I'm conjecturing their agreement centered on not changing SCOTUS precident.

749 posted on 06/26/2008 9:04:56 AM PDT by TeleStraightShooter (What value does Black Liberation Theology hold in a post racial Republic?)
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To: Redbob

In further reading, the decision is somewhat bipolar. On one hand it says that an entire class of weapons cannot be banned and then it says that modern weapons are protected by the 2A and then it goes on to say that since machine guns are not “typically possessed by law-abiding citizens for lawful purposes” or “in common use” they CAN be banned.

They have tried to walk a tightrope and failed. Can the government outlaw a gun because it is not “in common use” when the reason it is not “in common use” because the government has outlawed it?


750 posted on 06/26/2008 9:05:16 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: Southack
"DCvHeller is a HUGE win for freedom!

Don't you mean "hugh?"
LOL!

I'm series, now...

751 posted on 06/26/2008 9:05:42 AM PDT by Redbob ("WWJBD" ="What Would Jack Bauer Do?")
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To: TeleStraightShooter

So, then Kennedy needs replaced, is what you’re saying.


752 posted on 06/26/2008 9:06:32 AM PDT by Still Thinking (Typical white person)
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To: mewzilla

None, that I can see. Laws resticting gun ownership are different from laws restricting killing a home invader, no matter how bad he may have needed killing.


753 posted on 06/26/2008 9:06:45 AM PDT by patton (cuiquam in sua arte credendum)
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To: mware
"By the way Obama released a comment saying he agrees with the courts decision."

Obama SIDESTEPPED the question at that creepy presser with the anal-retentively starched flags in the background. I predicted before the ruling that he's support whatever decision was made, then claim it was the same position he's had all along.

754 posted on 06/26/2008 9:07:33 AM PDT by cake_crumb (Terrorist organizations worldwide endorse Obama.)
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To: Beelzebubba
fwiw, you NEED to go READ "Miller". "militia weapons" (weapons of a type & style which are "suitable to defend self, home, state & nation") ARE protected.

otoh, "crudely sawed-off shotguns" are NOT "militia weapons" but rather are "criminal instrumentalities", which are NOT protected by the Constitution.

therefore, the LEFT can kiss an "assault weapons ban" (and MAYBE the "NFA", too ===> "Honey, i want a 1907 Maxim with all the trimmings for Christmas. Can you get one for me???" = rotfLOL!) "bye-bye".

free dixie,sw

755 posted on 06/26/2008 9:08:04 AM PDT by stand watie (Resistance to TYRANTS is OBEDIENCE to God. T. Jefferson, 1804)
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To: beltfed308; Still Thinking; Jim Robinson; John Robinson; All
I have placed a check for $50 in my mailbox, re:post #477. I wrote with it that they can use it for anything, but expansion would be good for all of us...

For those wishing Credit/Debit card use, click on FR home, and click on donate!

I am a Mac user, and have no clue about what they do, but I appreciate the end result!

Thanks again, Jim! Keep it up, FR, that is...

756 posted on 06/26/2008 9:08:04 AM PDT by WVKayaker (You mileage may vary.)
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To: Diggler
Time to go on the offense!!

- take out the New York ban on hand guns
- take out any home gun lock laws.
- Challenge ownership prohibitions for misdemeanors.

757 posted on 06/26/2008 9:08:21 AM PDT by TeleStraightShooter (What value does Black Liberation Theology hold in a post racial Republic?)
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To: RKBA Democrat

This gets a big Texas
YEEEEEEEE HAWWWWWWWWWW!

I’ve never been more proud of (5/9 of) the Supreme Court than today, EVER.

The Second Amendment protects an INDIVIDUAL right!

No federal gun bans on handguns, rifles and shotguns, EVER! No federal requirements for trigger locks, EVER!

Self-defense is SPECIFICALLY protected by the 2nd.
_________________________

OK, now what are the implications?

First, politically: is BHO going to shoot himself in the foot (pun intended) by criticizing this decision, and stating that he’ll nominate more judges and Justices like Stevens, Souter, Ginsburg & Breyer? I sure hope so. What will McCain say? It is really his fight to lose on this issue, and a tremendous opportunity to distinguish himself from that socialist rat.

Second, legally: a couple of issues here...

1. Incorporation - I’m sure that we’ll see a case filed challenging Chicago’s ban on handguns (all guns?) by no later than Labor Day (and I think it would be appropriate to file it on July 2, the anniversary of the ACTUAL day that the Declaration of Independence was signed), based heavily on the words of this case. I am STRONGLY ENCOURAGED by this decision - even though the level of scrutiny for analyzing firearms laws was purposely not mentioned, the language about the basic nature of the right of self-defense (esp. in one’s home) leads me to believe that the 2nd will be incorporated within 2-3 years at most.

2. Full autos - I’m also encouraged here. Yes, the decision did say that the 2nd wasn’t blanket protection of a right to own any weapon under any circumstances by any person, BUT it didn’t foreclose any particular weapons. It mentioned the Miller standard of protecting “arms in common use at the time.” Well, folks, full autos are standard issue in all of the armies of the world, and have been for roughly 50 years. In addition, full autos have never been illegal at the federal level in this country, only regulated - most of us can still buy an honest-to-goodness Tommy Gun, for instance, so long as we have a fat wallet and jump through some regulatory hurdles. The only reason why full autos are not more common now is that a ban has been in place for 22 years. SO, IMHO, I think that the Court will invalidate the ‘86 ban (though almost certainly NOT the’34 NFA and its regulatory framework, even though NICS does essentially the same thing - that’s a different battle). Me, I’d like to see the case brought by an ex-Special Forces member with an utterly spotless record and reputation, who already owns a pre-ban full auto and who was denied the opportunity to pay for a tax stamp for a virtually identical post-ban gun.

3. OK, here’s where we get to have a bit of fun: Does any Congresscritter have the cajones to begin the impeachment process against Stevens, Souter, Ginsburg & Breyer?

What do y’all say?


758 posted on 06/26/2008 9:08:46 AM PDT by Ancesthntr (An ex-citizen of the Frederation dedicated to stopping the Obomination from becoming President)
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To: Beelzebubba
"“We therefore read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns.”

This worries me. It overturns the notion that arms useful for military service are protected."

Not so at all: this merely says that Miller ONLY addresses the issue of what kinds of weapons are "militia weapons", useful for military service, and that it does NOT require actual service in the militia to qualify to bear them.

Be very careful not to read this decision selectively.

759 posted on 06/26/2008 9:09:19 AM PDT by Redbob ("WWJBD" ="What Would Jack Bauer Do?")
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To: big'ol_freeper

Yep, I will vote for McCain because of the troops and the Supreme Court. If Obama is able to appoint several young liberal judges, our nation will go downhill fast. This vote was closer than I anticipated ... scary stuff. I know some want to make McCain pay, but if Obama’s elected, it’s my children who will pay.


760 posted on 06/26/2008 9:09:59 AM PDT by chickpundit (I will abide under the shadow of the Almighty.)
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