Author Topic: Supreme Court Decision?  (Read 980 times)

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Offline S.B.

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Supreme Court Decision?
« on: April 25, 2008, 01:07:43 AM »
Anybody had time to keep up with this, how it look so far? Hope they decide to knock the DC handgun ban completely out and give Sarah Brady and her bunch a bloody nose!
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Offline SHOOTALL

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Re: Supreme Court Decision?
« Reply #1 on: April 25, 2008, 01:46:58 AM »
No one knows what the court will do , but we all need to realize that the court will not only look at the law it will also look at the changes since the law was written . Think about the changes , revolvers , simi autos and machine guns have all been invented since !
Not saying it would happen but suppose the court says that we are entitled to carry arms that were present at the time of the writing of the Constitution . I believe we could be in for more than what we expect . Maybe not the example i used but in the end we may have more trouble than we expected . Then again nothing may change !
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Offline S.B.

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Re: Supreme Court Decision?
« Reply #2 on: April 25, 2008, 02:04:12 AM »
No one knows what the court will do , but we all need to realize that the court will not only look at the law it will also look at the changes since the law was written . Think about the changes , revolvers , simi autos and machine guns have all been invented since !


I don't think the DC handgun ban was inacted before automatic weapons were invented? I thought it was written more recently than this?
"The Original Point and Click Interface was a Smith & Wesson."
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Offline SHOOTALL

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Re: Supreme Court Decision?
« Reply #3 on: April 25, 2008, 02:26:36 AM »
My point , the right to bear arms may not apply due to the type of arms involved !
Many think this case will get a ruling on the 2nd. am. and maybe it will and maybe it will not ! I would think that any ruling will have to be tempered with language that will not open the door to any weapon being OK . If the fed. backed away the states would pass laws to close the door on certain weapons . The laws in this country evolved , stripping them away should not be speedy either as the rush to pass new laws may give us law worst than what we deal with now . It might be good for the court to strike down the DC law and let the other laws on the books be challenged one at a time .
Consider also the 18in. bbl law for shot guns the only time it was to be contested in court the guy ran and never went to court . Randy Weaver was charged with the same but the case was dropped . It is difficult to get a case in court because in most cases the law must be broken and a chance taken . If the DC case is struck down then other similar cases can be contested with out chance .
I use the term court to mean Supreme Court . I know many cases have involved less than 18in. bbl's but none get to the SC. which is where the lawfulness of laws is determined .
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Offline S.B.

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Re: Supreme Court Decision?
« Reply #4 on: April 25, 2008, 02:36:41 AM »
No, my original post was about the DC handgun ban and then your reply interjected the second ammendment issue? Is that what you would like to talk about?
Let me see: from DC handgun ban to Randy Weavers problems on Ruby Ridge, huh?
SHOOTALL, if your not a lawyer with Morris Dees, you missed your calling!
"The Original Point and Click Interface was a Smith & Wesson."
Life member of NRA, USPSA,ISRA
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LIUNA #996 for the past 34 years/now retired!

Offline SHOOTALL

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Re: Supreme Court Decision?
« Reply #5 on: April 25, 2008, 02:52:52 AM »
No I'm a plumber . But looking at some of the cases today i may have good training after all !

Sorry if I offended you , just listed some of the thoughts i have had/read .
The shot gun case was only mentioned to show how hard it is to get a case before the court .
And the 2nd. am. is the real root of the controversy in the first place , at least many articles i read seem to go that way .

I guess it would have been better to state that friends of the court have submitted papers stating in favor of up holding the law and others in favor of striking it down. I side with striking it down .
Its your topic so we can engage in any conversation you choose to limit it to !
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Offline S.B.

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Re: Supreme Court Decision?
« Reply #6 on: April 25, 2008, 03:09:07 AM »
No offence taken. No limits, that's what an open forum is for.
"The Original Point and Click Interface was a Smith & Wesson."
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Offline SHOOTALL

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Re: Supreme Court Decision?
« Reply #7 on: April 25, 2008, 03:15:47 AM »
so whats your take on all this ?
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Offline deltecs

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Re: Supreme Court Decision?
« Reply #8 on: April 25, 2008, 10:46:52 AM »
My take on SCOTUS decision and questions before it, are somewhat complex.  SCOTUS has in the past upheld the constitutionality of laws that serve the public interest and safety at some expense on the limitation of fundamental rights.  DC's case position is that this law was created for public safety, while Hellers position was that the law was too stringent and violated his 2 nd Amendment right to keep and bear arms IN HIS OWN HOME, not in public.  I think the high court will rule DC's total ban to be too restrictive under Constitutional revue and will overturn and remand it back to the Appeals Court.  Since the Appeals Court overturned DC's law as unconstitutional, DC will have an opportunity to enact a new law restricting firearms ownership and possession, according to standards the high Court will outline in it decision.  I do not think the high court will by any means completely and without some standard of revue, indicate the 2 nd Amendment has unlimited right to keep and bear arms.  This standard of revue could be anywhere from strict scrutiny revue of arms possession, all the way to the only firearms legal to own, are firearms invented and operated at the time of the signing the Constitution and that all other arms are subject to restriction. 
Greg lost his battle with cancer last week on April 2nd 2009. RIP Greg. We miss you.

Greg
deltecs
Detente: An armed citizenry versus a liberal society
Opinion(s) are expressly mine alone and do not necessarily agree with those of GB or GBO mgmt.