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Picture of subdjoe
Posted
Interesting that they would take on another so soon after Heller.


Link

Taking on a major new constitutional dispute over gun rights, the Supreme Court agreed on Wednesday to decide whether to apply the Second Amendment to state, county, and city government laws.

The Court had three cases from which to choose on the Second Amendment issue — two cases involving a Chicago gun ban, and one case on a New York ban on a martial-arts weapon. It chose one of the Chicago cases — McDonald v. Chicago (08-1521) — a case brought to it by Alan Gura, the Alexandria, VA., lawyer who won the 2008 decision for the first time recognizing a constitutional right to have a gun for personal use, at least in self-defense in the home (District of Columbia v. Heller). A second appeal on the Chicago dispute had been filed by the National Rifle Association (NRA v. Chicago, 08-1497). Presumably, the Court will hold onto that case until it decides McDonald; the same is likely for the New York case, Maloney v. Rice (08-1592) — a case in which Justice Sonia Sotomayor had participated when she was a judge on the Second Circuit Court.


I also wonder how Holder will try to say that "the people" mentioned in the 2nd are not the same as "the people" in mentioned in the 1st & 5th.


Joe

Justice Robert H. Jackson - It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.
 
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Picture of Speak2Truth
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This one should be easy. A slam-dunk. Key points are:

1) While the 1st Amendment is specifically limited to the Federal Government, asserting that "Congress shall make no law", the 2nd has no such limitation. The Right of The People to keep and bear arms shall NOT be infringed. Period.

2) The 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Well, the 2nd Amendment overrides the States and The People because it IS in the Constitution and is NOT limited to the Federal level as the 1st Amendment is.

3) Because the Militia can be called upon by the National Government to defend the Free State, the individual States cannot have the power to interfere with or disarm a key element of our national defense.


Live Free
 
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Does this mean that the SoCo Sheriff will have to start issuing concealed carry permits? I hope so; this is no kind of world for an honest man or woman to walk through unarmed.

Of course, having a legally and responsibly armed citizenry would really upset the gang-bangers, rapists, perverts, and sniveling anti-gun Quislings. I guess SOME of those folks vote...
 
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Picture of subdjoe
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It would depend on how SCOTUS rules. And how broad the ruling is.

This has put the 9th Circuits en banc ruling re Nord-y-ke on hold though. If you recall that one the 3 judge panel had ruled that while counties and cities could ban gun shows on their property because it did not fundamentally restrict or infringe on the right to keep and bear, the right to keep and bear was an individual right that states, counties, and cites could not restrict. One of the hard core stateists on the 9th didn't like that the ruling came down for the civil rights of We the People and called for an en banc hearing of it. That was held on 24 Sept.


Joe

Justice Robert H. Jackson - It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.
 
Posts: 427Reply With QuoteReport This Post
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