McDonald SCOTUS Decision -- Master Thread

There is a God

....and thank Him for Samuel Alito, John Roberts, Clarence Thomas, and Antonin Scalia (in no particular order)

And thank Anthony Kennedy for getting up on the right side of his bed this morning...

I'm assuming that's how it went.

Good news! Now wait for all the nincomboobs to predict mayhem in the streets.

Heard on Neal Boortz: SCOTUS did it right! Deanimator is right! WE WIN! Although personally I think his photo is a tad dated ... it remains true! Yippee!.
(Just kidding with the neener smilie there, Deanimator!)
In related news: Sarah Brady on suicide watch.

dirtymike1 said:

So will this change the laws in NYC or will they have to be fought in another court case?

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This doesn't have an immediate effect on any laws, since the order is for the 7th Circuit to reconsider its opinion in this case and render a judgement consistent with the majority opinion. The only laws that will fall as a direct consequence of this opinion will be complete handgun bans which AFAIK only exist in Chicago and a few of the surrounding towns.

NYC's laws will have to be challenged separately, especially since they don't have a complete ban. Expect Chicago to enact laws very similar (or even worse) than NYC's. I'm not sure what will happen to Maloney v. Cuomo, since that involves a non-firearm weapons ban.

Has HizDishonor imploded yet?

So this means that any resident of Chicago who wants a handgun can now apply and go through 6 months of demeaning hell in order to exercise his right.

Wow, some victory. Given, it's better than losing. But it doesn't warrant the hype I'm seeing here.

HUZZAH!!.....HUZZAH!!!



To Mayor Shortshanks:

I really find it hard to believe that the federal government will force all the states in the union to recognize the second amendment as it was written. The gun grabbers will find a way around it. I hope I am wrong, though.

Bubba613, break out the history books. It took a decade to go from Brown vs Board of Education to the Civil Rights Act of 1964.

Heller is the 2nd Amendment equivalent of Brown. We're making good headway.

If you think Brown is in any way equivalent to Heller I want some of what you are smoking.

Thank George W. Bush for giving us Roberts and Alito.

This is a victory for us, a right that already existed is finally officially recognized. No more can an administration administer the country under the declaration that the 2nd Amendment applied only to the government - a common theme under many administrations.

Now laws will have to be written in a similar manner to those that would restrict the First Amendment. They will be subject to strict scrutiny. It's a pretty high standard. Will everything change overnight? Nope, but it will change eventually.

Is it "strict scrutiny"?

So this means that any resident of Chicago who wants a handgun can now apply and go through 6 months of demeaning hell in order to exercise his right.

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So, since the Japanese fought on for two more years, the New Guinea campaign wasn't worth the effort?

The legislators noted that the number of Chicago homicide victims during the current year equaled the number of American soldiers killed during that same period in Afghanistan and Iraq

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McDonald v. Chicago at *43

I never realized it was so bad in Chicago!!!!!
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The opinion says nothing regarding Scrutiny. It will be decided another day.

If you think Brown is in any way equivalent to Heller I want some of what you are smoking.

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I doubt that you think that Brown is equivalent to Brown.

There's still racial discrimination in the United States. I guess that means that Brown v. Board of Education was a waste of time...

Meanwhile in CA...

There are currently two cases that have been pending the outcome of McDonald v Chicago.

Sykes v McGinness = "shall issue" CCW
Pena v Cid = legality of the CA DOJ approved list for handguns

With SCOTUS deciding that the Second Amendment is incorporated, it is highly likely that there will be favorable rulings in both those cases.

A win is a win is a win, no matter how small, I will take every step toward regaining our God given rights that I can get.

dirtymike1 said:

So will this change the laws in NYC or will they have to be fought in another court case?

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doubt it will change NYC for the moment. D.C. is still trying every which way to make it difficult for their citizens to obtain a handgun, even after the Heller ruling.

As I say, winning is better than losing any day.
But what have we won? In almost every place in this country we have laws that already meet the standards set in Heller/McDonald (I havent read through McDonald yet). People in NYC will not see any effect from McDonald, despite having one of the most restrictive regimes in the country.
If the court held a strict scrutiny standard for gun laws then that would be a huge win. But if they did, I didnt see it.

What scrutiny did this SCOTUS give the ruling?

In an interview with the Tribune, the mayor said .... he also wants to save taxpayers from the financial cost of lawsuits if police shoot someone in the house because the officer felt threatened.

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This is scary stuff when the Mayor is complaining that the City will be responsible for killing people!!

http://www.chicagobreakingnews.com/...r-richard-daley-nra-second-2nd-amendment.html

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What scrutiny did this SCOTUS give the ruling?

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The Supreme Court did not Answer this Question.

Doubt it will change NYC for the moment.

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It already has. Mayor B said NYC was making changes in the process for giving gun permits in a more equitable manner. The thinking is that if the NYC process was equivalent to a ban, the court could slap their hand after MacDonald (today!), so they shaped up a little bit in advance.

Meanwhile in CA...

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There are currently two cases that have been pending the outcome of McDonald v Chicago.

Sykes v McGinness = "shall issue" CCW
Pena v Cid = legality of the CA DOJ approved list for handguns

With SCOTUS deciding that the Second Amendment is incorporated, it is highly likely that there will be favorable rulings in both those cases.

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All depends on Kennedy. The right to bear arms is different than the right to conceal a weapon.

In addition, will Kennedy side with the majority on the right to own any weapon?

Love to see these win, but I'm skeptical of Kennedy.

As with IL (and a few other states), CA needs to elect a legislature and a governor that are 2nd Amendment friendly. As I read somewhere (here or another site), IL is only one governor and one mayor away from true 2nd amendment rights to bear arms.

I'm as cynical and pessimistic as Bubba613. This win is better than having had lost, but I can't even see how this win, or Heller, can impact NYC laws. Both cases allow the government to regulate with reckless abandon IMO. As long as a government body doesn't broadly and completely ban a commonly used device, they can play on the other side of that line for their heart's delight.

Mayor B said NYC ... shaped up a little bit...

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They have ALL BUT banned gun permits. Hooray?

I think what I have heard is the possbility of a lawsuit stating the application of overly onerous laws deprives a person of civil rights under color of law, which I have been told is a criminal case, not civil. This might be what people refer to using to challenge Cali, NJ, NYC, etc.