Heller Ruling Legal Impact - Collective Right

Coronach

I think Coronach has it right. Wording will be important, and what happens in the long run will be important. Nonetheless, let's hope it goes our way.

Think of it as:

A. Nothing will really come of it.

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That's how I voted, but actually a couple of things will come of it if they rule for only a "collective" right. One is that the 5th Circuit ruling in Emerson will be mooted. Another is, of course, that the DC ruling in Heller will be overturned.

Everywhere else, a collective rights ruling would just ratify the existing interpretation.

Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?

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TXRifleman,
The answer to that question COULD be "No they do not, because individuals who are not affiliated with any militia have no 2a-protected rights."

The answer to that question COULD be "No they do not, because individuals who are not affiliated with any militia have no 2a-protected rights."

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So if it is interpreted that way, with the Militia Act of 1903,national guard defense act of 1916, and the national guard mobilization act of 1933, the 2a doesnt apply to anything anymore.

Could turn out to be bad if we dont win this one. For some reason, I have a feeling the supreme court will rule this in a way so that it doesnt change very much nationally if it is in favor of the right to bear arms.

By Yokel;

Should possibilities for a peaceful reconciliation of differences regarding the fundamental constitutional rights of all Americans be completely exhausted, employing and executing non-peaceful means and other necessary measures cannot be off the table.

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Extremely well put.

Vigilant Americans should hold this attitude regarding not only 2A issues, but any issue regarding the first 10 amendments and basic freedoms. The Constitution did not grant us these rights; and the government cannot be allowed to take them away.

Many will say the implied actions can never be successful.
They have already surrendered.

Gradualism is a tactic of tyranny.

What kind of America do we want to pass on?

I think the poll is reflecting more of what we would like to see happen, rather than what would actually happen. Me included

17% Heller doesn't get his gun, status quo otherwise.

24% NJ passes HG ban, CA to follow suit.

17% Bye, bye CCW... Hello federal AWB!

40% FL, TX, AK, UT, MT secede; civil war ensues

I think civil war unrealistic but we can dream cant we!

Prior to this upcoming ruling, we had something similar to a Mexican Standoff, where both sides had fears of setting the record straight. During this time, however, the anti's have chipped away at what we feel are our rights. If SCOTUS rules "collective", the anti's still won't be able to start banning everything the next day, but count on it.......... they will accelerate their removal of our rights at a much quicker pace.

I predict; 10 years from now most or all hadguns will be banned or so severely restricted it won't matter.

Within a few years, the AWB will be back.

If not an individual right under strict scrutiny - then eventually there will unfortunately be dead politicians and citizens.

I predict; 10 years from now most or all hadguns will be banned or so severely restricted it won't matter.

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I can see why you might think that as a Californian where everything seems to be going the way you are prediciting. In my part of the world things are quite the opposite, Florida is becoming the Montana of the South with regards to guns, in general things are going our way in most other states as well.

I expect a ruling that will be just vague enough to allow continued argument. The Antis will feel empowered, and so will we... at first. The goal of our modern govt./media/propaganda conglomerate is to keep the public divided on as many issues as possible. A truly united American citizenry would have serious implications from a control standpoint.

Whatever happens, the final outcome will hereafter be known as this generation's legacy to the future. I pray that the ruling is favorable to individual liberty.

I voted civil war, but I think it would be more of a Cold War with lots of saber rattling and such than an actual shooty war.

If the Court essentially repeals the Second, it will pull the rug out from under the rest of the Constitution. Should they rule that "the people" really just means "the government" as DC is claiming, it will set precedent by which other rights can be thrown away as well.

I don't think many States will like the idea (least of all the 31 who filed the amicus..), and there would probably be a big push to ratify a new amendment to fix the damage. Even if it's just a bluff, why wouldn't Montana, Texas, and friends use the threat of secession as a way to help push said amendment?

stevelyn wrote:

The govt's black-robed rubber-stamp squad will do what's best for govt.

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Precisely. Just like it did for Roosevelt and Lincoln.

-Sans Authoritas

One possibility not mentioned: the gun-friendly states declare their citizens to constitute the state militia, and thus under the purvue of the protection of collective rights.

Nope. At least one state will declare ALL Americans to be part of their state militia.

Secession? No. But I think any sort of collective right ruling would be so raw that it would demolish SCOTUS' credibility permanently. Watch for legislation to strip SCOTUS of jurisdiction over Constitutional Law.