Heller Decided! (several threads merged, new ones will be locked)

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In dissent, Justice John Paul Stevens wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons."

uh yeah. That is what the constitution is for... to limit the excesses of power in a government
 
Thanks hso, the SCOTUS web site is not displaying for me. Maybe a little too much traffic today? :D

IT could have been better, but it could have been a whole lot worse as well.
 
Jdude

With a 5-4 ruling, the Supreme court has Affirmed the right to keep and bear arms. They have found two of the three D.C. provisions to be unconstitutional.

The level of scrutiny has not been decided.

Incorporation has not been decided.

The decision is found to be an individual right.
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Thanks for the Blog and all your time involved in trying to sort this...:)


****The purpose of the right is individual meaning personal defense.****

The machine gun ban 922(o) stays in effect, because the arms are 'not in common use'.

Felons 922(g) are not mentioned at this time.

Armor piercing handgun ammunition is not mentioned at this time. 921(a)(17)(b)

The Lautenberg amendment is not mentioned at this time. 922(g)(9)

The gun free schools act is not mentioned at this time. 922(q)

Background checks are not mentioned at this time.

Plus....

laws putting conditions on gun sales.

That is so they did not kill the background checks, me thinks.
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Regards:)
 
I told you they would affirm the 2A but allow resonable restrictions on guns and gun tryes---IE==EBRs=
Sorry im right !=? >

----nothing in our opinion should 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.”

[[[[[[“We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those ‘in common use at the time.’ 307 U. S., at 179]]]]]
SO its ok to have muzzle loading BP guns and flintlocks -====RIGHT !!!!
 
According to this reasoning: "According to the majority’s reasoning, if Congress
and the States lift restrictions on the possession and use of
machineguns, and people buy machineguns to protect
their homes, the Court will have to reverse course and find
that the Second Amendment does, in fact, protect the
individual self-defense-related right to possess a machinegun.
On the majority’s reasoning, if tomorrow someone
invents a particularly useful, highly dangerous selfdefense
weapon, Congress and the States had better ban it
immediately, for once it becomes popular Congress will no
longer possess the constitutional authority to do so. In
essence, the majority determines what regulations are
permissible by looking to see what existing regulations
permit."

It was unlawful to ban MGs in the first place, as they were in common use (though regulated) for self defense of one's home. Oh, I really hope to see a 922o case in the near future :)
 
If you go to the Brady Campaign web site it now automatically takes you to a link that is whining for money for their "Gun Law Defense Fund". I am sure they had this link ready months ago. The SCOTUS decision is a victory in a big battle, but certainly the not the last one. The Brady bunch will still try to kill firearm posession by a death of a thousand cuts. :cuss:
 
What in Heller can be used against us?

Since Heller has been decided for us, it is time to see what could go wrong and be used against us.
The majority decided that the machine gun ban 922(o) stays in effect, because the arms are 'not in common use'.

So to eliminate arms, they only have to be shown to not be in common use. What is the problem here?

Curio and Relic firearms- those that are limited by nature, age, or deterioration and are generally not available in the millions.

New firearms that have not left the assembly line. Since they haven't made it to the people's hands, obviously they are not in common use.

Any weapon which there are less of than others. Have an AR or SKS? Too bad. Ruger 10/22s are the most common rifle, and he only one you may have.

The 200 dollar tax stamp has been left in place. Hence the stamp can be extended to any other arm (since registration was left constitutional) and when they become uncommon or rare, they get banned too.

What else do you all see that might go wrong?
 
A big fly in the ointment!

Decision states people have the right to own guns for protection IN THEIR HOMES. That's the exact wording, meaning no right to have a gun outside your home.

This ruling will be a mixed bag.
 
Bans

I wonder if the floodgates are now open... Let the follow-up challenges to other jurisdictions with gun bans (such as Chicago, IL) begin. :D:evil:
 
The decision could have been better, but it could have been worse. I guess we'll have to see how the American people do, now that those in Ivory Towers have spoken...
 
How generous of the men in black to allow us lowly citizens to be able to exercise our right as written 200+ years ago.

How low we have sunk when we applaud a right we already had but was not recognized by the men who wield the power.

Nice sheep. Applaud what should have been ours from the very beggining.
 
You need to read the dissent. Pure Gold.

—the majority’s view cannot be correct
unless it can show that the District’s regulation is unreasonable
or inappropriate in Second Amendment terms.
This the majority cannot do.

Because we say they can't?

The law is tailored to the
urban crime problem in that it is local in scope and thus
affects only a geographic area both limited in size and
entirely urban

Everybody knows that people in cities do not have rights.

the law imposes a burden
upon gun owners that seems proportionately no greater
than restrictions in existence at the time the Second
Amendment was adopted.

Because trigger locks were so popular in the 18th Century.
 
I'm not surprised that 4 justices dissented, but very concerned. One justice away from going the other way today, and in the future.

Even if the 4 dislike guns, the constitution is the constitution, period! It is very clear that the 10 ammendments are INDIVIDUAL RIGHTS and for 4 of them not to agree with this because of their dislike for guns is troubling.
 
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