Best Source for DC vs. Heller Updates and links

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matt1956 said:
States CANNOT pass laws or have amendments in their state constitutions that directly violate or "over rule" the Constitution of the United States. regardless of what the state says about when a law/amendment was made. The US Constitution ALWAYS beats the state.

See the Civil War for any questions.

You cannot make legal in the state what is illegal federally and you cannot make laws that restrict/remove rights granted under the Constitution. see "slavery" for more info.

So MA can say what they want, but the bottom line is, that when the DC case is ruled PROPERLY on the second, most of the MA gun laws are subject to repeal... now this still takes the ack of someone (GOAL or NRA) to bring these matters first to the state courts, then the federal courts because the asswipes in the state courts think that they are smarter and that the fed courts are wrong. then when it goes to the fed courts, we will see some changes.
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Well said, and I totally agree!
 
It looks like no decision on Heller v DC today. Just the Guantanamo opinions came down. Anyone know when they issue opinions next?
 
Beansie_Time said:
It looks like no decision on Heller v DC today. Just the Guantanamo opinions came down. Anyone know when they issue opinions next?
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Next opinion is to be issued Monday June 16th 2008 beginning at 10am. I have a feeling that they are going to save the Heller decision for last.
 
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squirt said:
Next opinion is to be issued Monday June 16th 2008
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June 16, 1775, The Battle of Bunker Hill.
OK, so the battle was the 17th but the Patriots moved up onto the hill the night of the 16th and fortified it.

Keeping good thoughts...
 
JonJ said:
June 16, 1775, The Battle of Bunker Hill.
OK, so the battle was the 17th but the Patriots moved up onto the hill the night of the 16th and fortified it.

Keeping good thoughts...
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You know... I have been saying that this is fitting that it comes at a time when our nation is struggling, the fear that the new President may take our rights away all together and it is nearing Independence day...
 
Tomorrow could be the day: Heller decision may be returned.

Gun right issue is biigest for court to decide
WASHINGTON - One momentous case down, another equally historic decision to go. The Supreme Court returns to the bench Monday with 17 cases still unresolved, including its first-ever comprehensive look at the Second Amendment's right to bear arms.
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The guns case — including Washington, D.C.'s ban on handguns — is widely expected to be a victory for supporters of gun rights. Top officials of a national gun control organization said this week that they expect the handgun ban to be struck down, but they are hopeful other gun regulations will survive.

Last week, the court delivered the biggest opinion of the term to date with its ruling, sharply contested by the dissenting justices, that guarantees some constitutional rights to foreign terrorism detainees at Guantanamo Bay, Cuba. The 5-4 decision, which Justice Anthony Kennedy wrote for his four more liberal colleagues, was the first case this term that broke along ideological lines.

The conservative-liberal split was seen frequently last term, including in cases that limited abortion rights, reined in voluntary school desegregation plans, made it harder to sue for pay discrimination and prodded the Bush administration to combat global warming by regulating tailpipe emissions. Kennedy was the only justice in the majority in all those cases, siding with conservatives in all but the global-warming dispute.

It's hardly unusual that the cases that take until late spring to resolve are the most contentious and most likely to produce narrow majorities.

The dispute over gun rights poses several important questions. Although the Second Amendment was ratified in 1791, the court has never definitively said what it means to have a right to keep and bear arms. The justices also could indicate whether, even with a strong statement in support of gun rights, Washington's handgun ban and other gun control laws can be upheld.

Officials at the Brady Campaign to Prevent Gun Violence said recently that they expect Washington's 32-year-old handgun ban to fall but believe that background checks, limits on large-volume gun sales and prohibitions on certain categories of weapons can survive.

In addition to the guns case, the justices are still weighing whether Exxon Mobil Corp. has to pay a $2.5 billion punitive damages judgment over the Exxon Valdez disaster in Alaska in 1989 and whether people convicted of raping children may be executed.

Exxon has been fighting an Alaska jury's verdict for 14 years, contending that the $3.5 billion it already has spent following the worst oil spill in U.S. history is enough. The jury initially awarded $5 billion to 33,000 commercial fishermen, Native Alaskans, landowners, businesses and local governments, but a federal appeals court cut the verdict in half.

Some justices appeared, based on their comments when the case was argued in February, to favor cutting the judgment further. Justice Samuel Alito is sitting out the case because he owns $100,000 to $250,000 in Exxon stock.

Also awaiting a decision is the case of a man sentenced to death in Louisiana after he was convicted of raping his 8-year-old stepdaughter. Only five states — Montana, Oklahoma, South Carolina and Texas are the others — allow executions for the rape of a child, but only Louisiana has imposed death sentences on people convicted of the crime.

The Supreme Court banned executions for rape in 1977 in a case in which the victim was an adult woman. The last executions for rape or any other crime that did not include a victim's death were in 1964.

Retirements typically are announced at the end of the term, although it would be a huge surprise if anyone decided to retire this year with a presidential election looming and little prospect of a nominee being confirmed before then.

Five justices, though, will be at least 70 by the time the court reconvenes in October. Justice John Paul Stevens is 88, Justice Ruth Bader Ginsburg is 75, Justice Antonin Scalia is 72, Kennedy will turn 72 in July and Justice Stephen Breyer will celebrate his 70th birthday in August.
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One thing that I think is particularly interesting about this decision is that it's the first time that the SCOTUS has directly addressed the SECOND amendment in most of our lifetimes. Young and old alike I believe we will all remember this decision for what remains of our lives.
 
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Raoul Duke said:
One thing that I think is particularly interesting about this decision is that it's the first time that the SCOTUS has directly addressed the first amendment in most of our lifetimes. Young and old alike I believe we will all remember this decision for what remains of our lives.
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First amendment? It is the second amendment.
 
How will this affect the laws at the state level?

SCOTUS says the Second Amendment means exactly what it says.

1) No more state level bans on specific types of guns
2) No more licenses required (how can you license a Right? I don't need, or have a license to type this message)
3) Reciprocity?
 
No matter what, this case will leave open a key question - whether the 2nd A. is "incorporated" by the 14th A. and therefore applies to the states. There will need to be another case involving a state-based law, probably one very very similar to DC's, before any state laws will fall. That's even if the Court strikes down the DC law completely with strong language and strict scrutiny for an individual RKBA. DC is 100% federal. If Gura et al. win vs. DC, I'd expect them to go after Chicago next.
 
A clear ruling would create an industry in conviction reversals for persons convicted in circumstances that would no longer be a crime, as well as numerous appeals for re-sentencing for convicts whose prior gun possession offenses were used as a factor in determining the sentence. This could get interesting :).
 
Rob Boudrie said:
A clear ruling would create an industry in conviction reversals for persons convicted in circumstances that would no longer be a crime, as well as numerous appeals for re-sentencing for convicts whose prior gun possession offenses were used as a factor in determining the sentence. This could get interesting :).
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Pure anti-2nd propaganda. Unlikely as hell except for those few convicts who raised the issue at trial and preserved it on appeal.
 
Unlikely as hell except for those few convicts who raised the issue at trial and preserved it on appeal.
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Are you saying that someone who did not raise a constitutional issue at trial, but whose activity was later found to have been constitutionally protected, cannot have the conviction set aside unless they raised the constitutional issue at trial?
 
Rob Boudrie said:
Are you saying that someone who did not raise a constitutional issue at trial, but whose activity was later found to have been constitutionally protected, cannot have the conviction set aside?
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If by "set aside" you mean, "get a free extra appeal on an issue they didn't raise at trial" then the answer to your question is "yes." Did every person who didn't get read their Miranda rights... before the Miranda case... suddenly get released from prison?
 
It'd be great to see if there could be more standardization of the laws form state to state. Ownership/carrying should be recognized among states like drivers licenses.
 
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