Best Source for DC vs. Heller Updates and links

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I never thought I'd say this:

Thank God for George W. Bush

If Gore/Kerry had placed justices on this court, there's no doubt in my mind that we would've lost.
 
I'll give it a qualified yea. I think the decision is not going to overturn any restrictions on carrying that firearm around, just that your right to own one is protected. Even such a limited scope should have significant implications for the licensing/ownership restriction tie in Mass.
 
In District of Columbia v. Heller (07-290), the Court nullified two provisions of the city of Washington’s strict 1976 gun control law: a flat ban on possessing a gun in one’s home, and a requirement that any gun — except one kept at a business — must be unloaded and disassembled or have a trigger lock in place. The Court said it was not passing on a part of the law requiring that guns be licensed
 
I am so happy today but tomorrow I know I will be pissed because they will try some more under handed attempts at gun grabbing!

For the moment![bow][party]
 
This is huge for you Ma**h***s!

3. The handgun ban and the trigger-lock requirement (as applied to
self-defense) violate the Second Amendment. The District’s total ban
on handgun possession in the home amounts to a prohibition on an
entire class of “arms” that Americans overwhelmingly choose for the
lawful purpose of self-defense. Under any of the standards of scrutiny
prohibition—in the place where the importance of the lawful defense
of self, family, and property is most acute—would fail constitutional
muster.

Similarly, the requirement that any lawful firearm in the
home be disassembled or bound by a trigger lock makes it impossible
for citizens to use arms for the core lawful purpose of self-defense and
is hence unconstitutional. Because Heller conceded at oral argument
that the D. C. licensing law is permissible if it is not enforced arbitrarily
and capriciously, the Court assumes that a license will satisfy
his prayer for relief and does not address the licensing requirement.
Assuming he is not disqualified from exercising Second Amendment
rights, the District must permit Heller to register his handgun and
must issue him a license to carry it in the home.
Click to expand...
 
Last edited:
EddieCoyle said:
I never thought I'd say this:

Thank God for George W. Bush

If Gore/Kerry had placed justices on this court, there's no doubt in my mind that we would've lost.
Click to expand...

Christ on a crutch, no truer words have ever been spoken. I honestly never thought such a thought would even occur to me...yet here were are June 26, 2008.
 
Because Heller conceded at oral argument
that the D. C. licensing law is permissible if it is not enforced arbi-
trarily and capriciously, the Court assumes that a license will satisfy
his prayer for relief and does not address the licensing requirement.
Assuming he is not disqualified from exercising Second Amendment
rights, the District must permit Heller to register his handgun and
must issue him a license to carry it in the home.

Now to get that applied here in Mass...
 
I wish it was worded for broader interpretation... like protecting one's self outside the home as well.
 
1. The Second Amendment protects an individual right to possess a
firearm unconnected with service in a militia, and to use that arm for
traditionally lawful purposes, such as self-defense within the home.
Pp. 2–53.
Click to expand...

That part right there f***s anyone with a restricted license... like me.
 
Some more from the decision.

(f) None of the Court’s precedents forecloses the Court’s interpretation.
Neither United States v. Cruikshank, 92 U. S. 542, 553, nor
Presser v. Illinois, 116 U. S. 252, 264–265, refutes the individualrights
interpretation. United States v. Miller, 307 U. S. 174, does not
limit the right to keep and bear arms to militia purposes, but rather
limits the type of weapon to which the right applies to those used by
the militia, i.e., those in common use for lawful purposes. Pp. 47–54.

2. Like most rights, the Second Amendment right is not unlimited.
It is not a right to keep and carry any weapon whatsoever in any
manner whatsoever and for whatever purpose: For example, concealed
weapons prohibitions have been upheld under the Amendment
or state analogues. The Court’s opinion should not 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. Miller’s holding that the sorts of weapons protected are those
“in common use at the time” finds support in the historical tradition
of prohibiting the carrying of dangerous and unusual weapons.
Pp. 54–56.
Click to expand...

Anyone else going to Harvard tonight? I think I'm going to go let off some rounds from my Constitutionally-protected guns.
 
Quotes from the opinion according to scotusblog:

“Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation.”
Click to expand...

Me like the carry part. I wonder what we can do with that regarding many of the state CCW prohibitions.
 
Next up: Reinterpreting Presser v. Illinois ?

Before folks suffering under statutes imposed by government entities other than the federal government get too excited, one should review Presser v. Illinois. The interpretation of what's necessary to sustain a militia is key to it. In effect, today's decision throws that old and established case (the basis for the 7th Circuit's Morton Grove decision (upholding handgun ban)) into some real doubt.

http://en.wikipedia.org/wiki/Presser_v._Illinois
Full text: http://www.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/presser.txt

The question of incorporation -- and thus also the real meaning of 1886's Presser opinion -- is going to be the next hurdle.
 
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