Supreme court to take on the DC gun case!


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Nautilus
October 11, 2007, 08:08 PM
For those that support the second amendment, or those who are anti-gun. This is the super bowl.




By Pete Williams
Justice correspondent
NBC News
Updated: 8:29 a.m. ET Oct 1, 2007


Pete Williams
Justice correspondent


During the U.S. Supreme Court's new term beginning Monday, the justices will consider the fundamental issue of who is allowed to vote just in time for 2008's pivotal presidential elections.

The docket also includes a challenge to the Bush administration's war on terror, a question over the constitutionality of lethal injections and a test of a strict gun law, which could lead to a clarification of the Second Amendment.


D.C. gun law challenged
Washington, D.C., has urged that the justices uphold the city's ban on handguns one of the strictest gun laws in the nation. City officials said the restriction is essential to fighting crime.

"What we ban is a weapon that is uniquely dangerous, that is easily concealed and that is disproportionately used in crime," said Linda Singer, Attorney General for the District of Columbia.

In a surprising ruling, a federal appeals court earlier this year declared the ban a violation of the Second Amendment right to keep and bear arms. The law was challenged by a Washington, D.C., resident who claimed the Constitution gives him a right to own a handgun for self-defense.

"I had a house broken into once, and things happen," said Rich Heller, the man who filed the lawsuit. "You want to protect yourself if you need to."

Though the Supreme Court discussed the Second Amendment in a 1939 gun case, the court has never definitively ruled on if the amendment protects an individual's right to own a gun or if it only protects a right of state militias to resist being disarmed by the national government.



http://www.msnbc.msn.com/id/21039929/page/2/

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alligator94
October 11, 2007, 08:35 PM
As far as I know the Supreme Court hasn't decided if they are going to take it yet..

bulgron
October 11, 2007, 09:07 PM
Yes, I think NBC is jumping the gun on that one a bit. As far as I know, we expect to hear whether SCOTUS will take up Heller by mid November.

Watching SCOTUS legal proceedings is like watching glacier movements before global warming. :D

kingpin008
October 11, 2007, 09:21 PM
Correct. A case being on the docket is no guarantee that a court has any intention of hearing it. It merely means that they can consider it, if there is time/interest/reason enough to.

/been following the entire thing for awhile
//fiancee is a court reporter

Neo-Luddite
October 11, 2007, 09:28 PM
My bet, they let the ruling stand as is. That's my hope, too. The nudge would be enough to keep momentum moving.

Tom Servo
October 11, 2007, 10:01 PM
My bet, they let the ruling stand as is. That's my hope, too. The nudge would be enough to keep momentum moving.
Looking at the Appelate brief and Gura's response, I don't see how the SCOTUS can rule any other way than to agree with the circuit-court ruling. That would set up legal precedent and allow the ripples to spread out nationwide.

Otherwise, Heller could be viewed by many as a strictly local matter. The question at issue is whether or not the 2A guarantees individual firearms ownership. If Hillary gets elected, we really need this to go to the highest court.

Neo-Luddite
October 12, 2007, 03:42 PM
If Hillary gets elected, we really need this to go to the highest court.

I'm doing my level best to appeal to THE highest court regarding the upcoming above matter on at least a daily basis.

romma
October 12, 2007, 04:11 PM
hmm! What select fire rifle for me? :)

romma
October 12, 2007, 04:12 PM
hmm? What select fire rifle for me? :)

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