Bush administration wants lower courts ruling on 2A revised

[Ithaca37]

Article Here

Bush administration is worried that the lower court's ruling is too broad won't allow the government to restrict our second amendment rights.

 

[feedthehogs]

Must be worried that their bought and paid for justices may not be holding true to their masters beckoning.

 

[GTSteve03]

"The court's decision could be read to hold that the Second Amendment categorically precludes any ban on a category of 'Arms' that can be traced back to the Founding era," the government argued. "If adopted by this court, such an analysis could cast doubt on the constitutionality of existing federal legislation prohibiting the possession of certain firearms, including machineguns."

Uh... yeah, so?

Oh wait, can't trust us peons with the same weapons you give the military. Might make for a more even playing field, huh?

 

[riverdog]

Not only that but in their brief they argue that if the the DC trigger lock requirement on long arms is repealed then there is no requirement for DC to allow handguns. The brief is written such that even a dim bulb such as me can understand it. Read it yourself at http://www.scotusblog.com/wp/wp-content/uploads/2008/01/us-heller-brief-1-11-08.pdf

 

[blacksheep]

after all the crap i have put up with....this is the last straw.

 

[Son of Sam]

The Bush administration reaffirmed its long-held support of that position in its brief. But it added that, "like other constitutional rights, that individual right is subject to reasonable restrictions."

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

I simply don't get it. *** is so hard to see that the first quote goes ENTIRELY against the second (pardon the pun)??! Restrictions? Shall not be infringed? Hello? Just how stupid do they think "we the people" are, anyway?

"I'll take Definition of 'IS' for $1000, Alex." (yeesh!)

 

[Ithaca37]

In the brief, they keep citing the second congress, saying that the 2nd congress was specific as to what types fo weapons were suitable for militia use.

here is what they are referring to (bold added for emphasis):

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of power and ball; or with a good rifle, knapsack, shot-pouch, and power-horn, twenty balls suited to the bore of his rifle, and a quarter of a power of power; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.

All it does is say that everyone needs to use the same bore on the their muskets. That is like saying that for militia use you need to have a 5.56 NATO rifle. However, it does not talk about other weapons individuals may possess.

 

[riverdog]

On that line it seems reasonable that individuals should specifically not be infringed from keeping and bearing a weapon capable of loading and chambering standard military small arms ammunition using the standard loading device (ie., 30 round 5.56 M-16 magazines and standard high cap magazines for the Beretta Mod 92/M-9). These weapons are compatible with the military so should be specifically protected. That's just my dim bulb view though, we'll need to wait and see what the bright bulbs on the court have to say on what restrictions are reasonable.

At least it's viewed as an individual right

 

[riverdog]

OT:

. . .from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound. . .

Does that equate to an 18 gauge smoothbore?

 

[Ithaca37]

Does that equate to an 18 gauge smoothbore?

As far as I know, yes. Which would make it .64 inches.

 

[LightsOut]

More proof that the sell out Bush is another in a long line of Rockefeller NWO Republicans who are no better than the boogey man Democrats.

 

[Ithaca37]

It is amazing how many people buy into the whole party identity thing. We are looking at a once in a lifetime opportunity and Bush is going to throw that away to further the government's agenda.

 

[geekWithA.45]

Duplicate of this thread:


http://www.thehighroad.org/showthread.php?t=330530


Editorial: (I don't normally do editorials on thread closures, but I make an exception today)

The thing that people need to be thinking about isn't supposed betrayal by political parties.

The thing that people needs to be thinking about is the fact that this country's mainstream believes that the 34 NFA, 68 GCA, and Brady act are prefectly good excercises of governmental power, no matter which party is driving the ship.