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

Skip to comments.

Justices Signal They're Ready To Make Gun Ownership A National Right
LATimes ^ | March 02, 2010 | David G. Savage

Posted on 03/02/2010 6:30:33 PM PST by Steelfish

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-90 last
To: jongaltsr
dang dude, take a deep breath and re-read the 'BUMP' in my post...

if i feared the dickheads in office id wouldve not replied instead I added my name to yer rant...

just havin a lil fun at bambams expense too...

81 posted on 03/03/2010 7:19:33 AM PST by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
[ Post Reply | Private Reply | To 74 | View Replies]

To: jeffc

The term “national right” is meaningless. The real question is WHO is prohibited from infringing the right to bear arms. It was originally understood that the Bill of Rights only prohibited the Federal Government from infringing the rights contained in the Bill of Rights.

The Framers were concerned that a Federal Government would run roughshod over local (individual State) concerns, and wanted to restrain the Feds from doing so. They were not particularly concerned about restraining THEIR OWN STATES from infringing on individual rights.

This gradually shifted after the Civil War, when it was determined, on a right-by-right basis, over many decades, that the prohibition against infringement of those rights applied against the States and subdivisions of States in addition to the Feds. The key to including States in the prohibition was the Due Process clause of the 14th Amendment, one of the Civil War amendments.

The ONLY reason why ANY right in the Bill of Rights is protected from State (as opposed to Federal) infringement is because there was a Supreme Court case that said so — based on the Due Process Clause of the 14th Amendment.

In order to apply the Fourth Amendment against unreasonable search and seizure against the States, it took two tries. In Weeks v. Colorado, 1949, the Court ruled that the Constitution did NOT apply to the States, at least not in all instances. This was reversed in Mapp v. Ohio, 1961.

There has never been a case where the Supreme Court has ruled that the 2nd Amendment, THROUGH the Due Process Clause of the 14th Amendment, applies to the States. The ruling in Heller, which went against Washington DC, only applied to the Feds — establishing that the right to bear arms was a personal right.

You can bet that the NRA, or whoever was behind the Heller suit, sued the Feds first, as a strategic decision to establish the “individual right” precedent, as “Step ONe” of a two step stragegy, and when they had established that right under the Constitution, then take “Step Two” — extend the right to prohbit State action as well.

We are now in Step Two.


82 posted on 03/03/2010 8:28:03 AM PST by Flash Bazbeaux
[ Post Reply | Private Reply | To 10 | View Replies]

To: Gilbo_3

Please accept my apology. I am used to most people trying to get others to moderate their tone and that is the last thing I plan to do until our Constitution is reestablished as the law of the land and BO is out of office.


83 posted on 03/03/2010 10:19:49 AM PST by jongaltsr (It)
[ Post Reply | Private Reply | To 81 | View Replies]

To: jongaltsr
so long as you can accept my apology for 'being cute' in response to a passionate and well worded rant...8^}

'we all must hang together, or we shall surely hang separately'...

84 posted on 03/03/2010 10:23:26 AM PST by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
[ Post Reply | Private Reply | To 83 | View Replies]

To: Gilbo_3

GREAT line - Love it.


85 posted on 03/03/2010 10:36:34 AM PST by jongaltsr (It)
[ Post Reply | Private Reply | To 84 | View Replies]

To: NVDave

Good story and exactly correct. Those were dark days. I was out of the country when they snatched Elian and wondered what happened to America.

We’re still not out of the woods yet. Look at the headline: “Justices Signal They’re Ready To Make Gun Ownership A National Right”

Our rights come from the Justices of the SCOTUS?

We need a serious crash course in liberty, the Constitution and natural rights in this country. Schoolkids just aren’t getting it.


86 posted on 03/03/2010 5:33:14 PM PST by 1010RD (First Do No Harm)
[ Post Reply | Private Reply | To 59 | View Replies]

To: Steelfish

Can’t wait for the first ditz politician or reporter to equate the 2nd Amendment to mandatory health coverage.


87 posted on 03/03/2010 5:38:11 PM PST by rabidralph ("Precedenting" is a lot tougher than community organizing.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Regulator
My legs and lungs won't allow me to run away from overly aggressive people......they also don't allow me the strength to carry a cop.....SOOOOOoooo (you just know it's coming)

I carry a 1911

Nam Vet

88 posted on 03/03/2010 5:59:02 PM PST by Nam Vet (Inuendo IS NOT an Italian suppository.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Bad Jack Bauer
" that all crimes committed with a fire arm should be severely punished."

Would you care to post a list of what crimes might be considered punishable?

Is or would simply possessing a gun be punishable?
How about carrying one in your coat pocket?
What about a gun in your car?

Be careful what you ask for, you may just get it!

89 posted on 03/03/2010 6:50:40 PM PST by An Old Man (Use it up, Wear it out, Make it do, or Do without.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: An Old Man
Would you care to post a list of what crimes might be considered punishable?

Is or would simply possessing a gun be punishable? How about carrying one in your coat pocket? What about a gun in your car?

Be careful what you ask for, you may just get it!

I would do away with all laws that made crimes of acrions that had no criminal intent. Stupid laws like carrying a gun into a post office. There is no intent to commit a crime then there is no crime. Carrying a gun on your person, concealed or not is no crime as there is no intent. What I am talking about is using a gun to commit or further a crime. Robbery, assault, attempted murder, murder, even vandalism with a firearm.

I am talking serious punishment here. 10 years if you shootup someone's vehicle or house. Robbery or assault 15. Attempted murder 20. Murder, never see daylight again. I feel it is a good tradeoff. Carry if you want but pay dearly if you screw around.

90 posted on 03/03/2010 8:02:55 PM PST by Bad Jack Bauer (Fat and Bald? I was BORN fat and bald, thank you very much!)
[ Post Reply | Private Reply | To 89 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-90 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

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