Author Topic: Bush/Siclicitor... Topple 2nd Amendment  (Read 346 times)

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TM7

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Bush/Siclicitor... Topple 2nd Amendment
« on: February 19, 2008, 04:24:57 AM »
D.C. v Heller.....Bush brief topples the 2nd according to article author....trys to finish it off.

http://www.newswithviews.com/Pratt/larry83.htm


...TM7

Offline deltecs

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Re: Bush/Siclicitor... Topple 2nd Amendment
« Reply #1 on: February 19, 2008, 11:15:55 AM »
D.C. v Heller.....Bush brief topples the 2nd according to article author....trys to finish it off.

http://www.newswithviews.com/Pratt/larry83.htm


...TM7

District of Columbia v. Heller, Docket No. 07-290

There are 46 amicus briefs filed in favor of respondent Heller.  These include VP Cheney, over 150 Representatives and 55 Senators (McCain signed, neither Obama nor Clinton did), 35 individual States, and a host of other entities.   There are 20 amicus briefs filed in support of D.C.'s collective and social safety claims, against individual ownership.  The Solicitor General is frequently asked to submit a brief, regarding the federal governments position with regard to an issue before the court.  The brief filed by the Solicitor General in this case indicated that existing federal laws, due its reasonableness application, should not be overturned.  If D.C. lost this case, then at issue, is the legality of existing regulations throughout the country.  The Solicitor General then suggested a remedy by not hearing this case and remanding it to the lower court.  That effectively, would have made D.C.'s restrictions of firearms possession in the home unconstitutional.  The Solicitor General's brief was not necessarily in support of DC, but to persuade the Court not to overturn existing federal firearms laws.  VP Cheney, by signing the opposition brief to the Solicitor General's, indicates the administration acknowledges an individual right to firearms possession.
At issue here, as outlined by SCOTUS, does D.C.'s 3 firearms laws only and solely, prevent and infringe on the HOME OWNERS right to possess firearms according to the 2nd Amendment?  It doesn't go further than that, with regard to individual States' restrictions of firearms.  However, should SCOTUS rule in favor of Heller, some other severely restrictive firearms laws may come before the Court for further review.  Whether or not the high Court will expand on the questions at issue, are subject to conjecture.
The Solicitor General's position was adequately refuted by opposition briefs in favor of Heller.  It should have been recalled though in light of the positions taken by 35 States.
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.