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Supreme Court strikes down handgun ban - 6/26/2008 7:28:20 AM   
cyberdude611


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In a 5-4 decision, the US Supreme Court struck down the Washington D.C.. ban on handguns.

The case is likely to be a landmark case as it is the first time in US history the Supreme Court rules on the interpretation of the 2nd amendment.

The case is a major victory for gun-rights advocates since it interprets the second amendment as an individual right.

Justice Scalia wrote the majority opinion joined by Roberts, Alito, Thomas, and Kennedy.
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RE: Supreme Court strikes down handgun ban - 6/26/2008 7:31:31 AM   
hizgeorgiapeach


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Kudos to the USSC!  At least THAT branch of the Fed Government is still doing their jobs properly and protecting our constitutional rights!

(And they even got it done in a reasonable amount of time.... amazing!)  

< Message edited by hizgeorgiapeach -- 6/26/2008 7:32:06 AM >


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RE: Supreme Court strikes down handgun ban - 6/26/2008 7:32:52 AM   
DomAviator


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YES!!!!!!!!!!!!! Now that is a good ruling! Time to get me a DC carry permit! :D

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RE: Supreme Court strikes down handgun ban - 6/26/2008 7:33:18 AM   
kittinSol


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Personally, I think it's a tragedy. Oh well, business as usual.

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RE: Supreme Court strikes down handgun ban - 6/26/2008 7:37:08 AM   
Aileen1968


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Yay!  They did the right thing.

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RE: Supreme Court strikes down handgun ban - 6/26/2008 7:38:02 AM   
cyberdude611


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quote:

ORIGINAL: kittinSol

Personally, I think it's a tragedy. Oh well, business as usual.


A tragedy that the Bill of Rights won? A tragedy that the power of the people is preserved from a radical left wing attack?

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RE: Supreme Court strikes down handgun ban - 6/26/2008 7:39:21 AM   
kittinSol


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Radical left-wing attack .

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RE: Supreme Court strikes down handgun ban - 6/26/2008 7:50:40 AM   
Owner59


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Very dramatic...

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RE: Supreme Court strikes down handgun ban - 6/26/2008 7:51:03 AM   
cyberdude611


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quote:

ORIGINAL: kittinSol

Radical left-wing attack .


Liberals were trying to re-interpret the constituton and what the founding fathers intended by trying to claim that the 2nd amendment is for state malitias and not for individual freedom

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RE: Supreme Court strikes down handgun ban - 6/26/2008 7:54:31 AM   
kittinSol


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I take it you don't think the founding fathers were liberals themselves then? Because by today's standards, they would be considered to be radical left-wingers.

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RE: Supreme Court strikes down handgun ban - 6/26/2008 8:00:01 AM   
cyberdude611


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And every single one of them owned a gun. Hell, even their kids had guns.

Yet you are trying to say that they wouldnt support gun rights today? Thomas Jefferson once said any government official who wants to remove guns from the populace should be shot. And George Washington said the people "should be at all times armed."

James Madison, the man who wrote the second amendment, also spoke frequently about the right of the people to bear arms.

< Message edited by cyberdude611 -- 6/26/2008 8:01:04 AM >

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RE: Supreme Court strikes down handgun ban - 6/26/2008 8:03:00 AM   
SCNebrDom45


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Ok, well it seems there are two sides to this... the handgun law  seems to be interpreted a lot of  different ways. the founding fathers DID intend that the second ammendment  prevent the  government (then being the  brits) from banning  guns of any kind .  I  can only imagine that the 'founding fathers ' would laugh their asses off or cry for us...if they were here to see the corruption and stupidity that we call a government. Jefferson was right ... tear it down and start over...they're all a bunch of corporate owned cronies... 

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RE: Supreme Court strikes down handgun ban - 6/26/2008 8:03:27 AM   
Owner59


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"A tragedy that the Bill of Rights won? A tragedy that the power of the people is preserved from a radical left wing attack? "

http://www.youtube.com/watch?v=YIFqYVAOosM

The suspension of Habeas Corpus rights.

Now that`s frick`n radical.

If you`re all about Constitutional rights,why did I never hear a peep out of you when Bush suspended that law?

I`m puzzled by people who pick and choose the parts of the constitution they like,..and ignore the others.

Why is that?

< Message edited by Owner59 -- 6/26/2008 8:08:12 AM >

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RE: Supreme Court strikes down handgun ban - 6/26/2008 8:03:54 AM   
Smith117


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You think it's a tragedy that now law-abiding citizens will be able to defend themselves against the criminals who have been ignoring the "ban" for the last 32 years?

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RE: Supreme Court strikes down handgun ban - 6/26/2008 8:05:38 AM   
DomKen


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The majority opinion isn't available yetbut teh syllabus is one of the most weasel worded pices of crap I've ever read.

http://www.scotusblog.com/wp/wp-content/uploads/2008/06/07-290.pdf?loc=interstitialskip

First they say that existing precedent isn't really precedent so they're not actually overturning better than a century's rulings on gun rights. Then they say that while the second ammendment does apply to individual ownership of firearms that there are undefined limits to the right:
quote:

2. Like most rights, the Second Amendment right is not unlimited.
It is not a right to keep and carry any weapon whatsoever in any
manner whatsoever and for whatever purpose: For example, concealed
weapons prohibitions have been upheld under the Amendment
or state analogues. The Court’s opinion should not be taken to cast
doubt on longstanding prohibitions on the possession of firearms by
felons and the mentally ill, or laws forbidding the carrying of firearms
in sensitive places such as schools and government buildings, or
laws imposing conditions and qualifications on the commercial sale of
arms. Miller’s holding that the sorts of weapons protected are those
“in common use at the time” finds support in the historical tradition
of prohibiting the carrying of dangerous and unusual weapons.

In particular this now becomes a right that SCOTUS says can be taken away by judgement of a court. Not exactly what I'd call a right then.
 
To put it bluntly the majority opinion had better be a masterpiece of legal scholarship or be utterly unrelated to the syllabus or this decision will not be respected and will get reversed by a less ideological court.

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RE: Supreme Court strikes down handgun ban - 6/26/2008 8:06:49 AM   
mistoferin


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The scary part is that the vote was 5-4. Shows just how thin the ice we're standing on really is.

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RE: Supreme Court strikes down handgun ban - 6/26/2008 8:07:15 AM   
kittinSol


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Hey, there are Supreme Courts decisions that are controversial. It's the nature of the beast. To me, it is a shame. To you, it's fantastic. And it's okay for both of us to express our opinions.

If you wanted nothing but self-congratulatory murmurs of acquiescence, you wouldn't have posted this result on this forum board now, would you :-) ?

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RE: Supreme Court strikes down handgun ban - 6/26/2008 8:10:30 AM   
SCNebrDom45


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Naw hell ... let's ALL go out and buy  a Mac5 or maybe an  AK..hell get one for your 10 y/o so  she can go  play army with  the neighbor kid... The problem lies in the fact that  probably less than one in ten persons actually has  any  respect or knowledge of the operation of a weapon of ANY kind.... Hunting is a great sport...but  a gun isn't a  toy and We as a society do NOT teach respect for weapons  very well.... oh an BTW ...any firearm is a weapon.


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RE: Supreme Court strikes down handgun ban - 6/26/2008 8:12:22 AM   
Smith117


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That's the same margine by which they unfortunately struck down the death penalty for certain "heinous crimes."

At least they got one thing right today. Now criminals won't have such easy pickin's in DC anymore.

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RE: Supreme Court strikes down handgun ban - 6/26/2008 8:16:25 AM   
cyberdude611


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Joined: 5/7/2006
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quote:

ORIGINAL: DomKen

The majority opinion isn't available yetbut teh syllabus is one of the most weasel worded pices of crap I've ever read.

http://www.scotusblog.com/wp/wp-content/uploads/2008/06/07-290.pdf?loc=interstitialskip

First they say that existing precedent isn't really precedent so they're not actually overturning better than a century's rulings on gun rights. Then they say that while the second ammendment does apply to individual ownership of firearms that there are undefined limits to the right:
quote:

2. Like most rights, the Second Amendment right is not unlimited.
It is not a right to keep and carry any weapon whatsoever in any
manner whatsoever and for whatever purpose: For example, concealed
weapons prohibitions have been upheld under the Amendment
or state analogues. The Court’s opinion should not be taken to cast
doubt on longstanding prohibitions on the possession of firearms by
felons and the mentally ill, or laws forbidding the carrying of firearms
in sensitive places such as schools and government buildings, or
laws imposing conditions and qualifications on the commercial sale of
arms. Miller’s holding that the sorts of weapons protected are those
“in common use at the time” finds support in the historical tradition
of prohibiting the carrying of dangerous and unusual weapons.

In particular this now becomes a right that SCOTUS says can be taken away by judgement of a court. Not exactly what I'd call a right then.
 
To put it bluntly the majority opinion had better be a masterpiece of legal scholarship or be utterly unrelated to the syllabus or this decision will not be respected and will get reversed by a less ideological court.



Dude...give me a break. Roe vs Wade was poorly written and pooly argued, and the leftists defend that ruling with their lives.

You lost dude, deal with it. Scalia wrote the opinion so it isnt going to have loopholes.

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