Heller Affirmed! (Discuss Supreme Court Decision here)

[EZEKIEL 25:17]

I like this quote:

A constitutional guarantee subject to future
judges’ assessments of its usefulness is no constitutional
guarantee at all. Constitutional rights are enshrined with
the scope they were understood to have when the people
adopted them, whether or not future legislatures or (yes)
even future judges think that scope too broad.

 

[edirtyfour]

I would think that the popularity and market penetration of the AR15 platform could be used to successfully argue that it is a firearm in "common use".

 

[FPrice]

I am worried about the wording od this decision.

That is the real xoncern.

BTW, on CNN a Brady spokesperson stated that "criminals" would try to use this decision to overturn their convictions on firearms charges. (as close as I can remeber his words)

 

[matt1956]

I can't understand how there are 4 dissenting … These are supposedly the highest educated legal authorities in the country, and these 4 idiots can't read, understand, and comprehend the words "Right of the people …" and "Shall not be infringed".

Really...

At the same time the majority ignores a more important
question: Given the purposes for which the Framers enacted
the Second Amendment, how should it be applied to
modern-day circumstances that they could not have anticipated?
Assume, for argument’s sake, that the Framers
did intend the Amendment to offer a degree of self-defense
protection. Does that mean that the Framers also intended
to guarantee a right to possess a loaded gun near
swimming pools, parks, and playgrounds? That they
would not have cared about the children who might pick
up a loaded gun on their parents’ bedside table? That they
(who certainly showed concern for the risk of fire, see
supra, at 5–7) would have lacked concern for the risk of
accidental deaths or suicides that readily accessible loaded
handguns in urban areas might bring?

this guy is a complete jackass IMO... glad he LOST

 

[O/U]

Great news for sure!

Still, in our little corner of freedom we still have the problem of the discretionary power of our local chief. So for example, if the safe storage laws in MA were overturned and a gun was stolen from a home the chief would still have the power to deem you "unsuitable".

The discretionary power of local chiefs in this state is grossly unconstitutional. Being a resident of a red town my restricted "license to carry" is a source of frustration, confusion and paranoia for me. I don't see Heller helping much on this issue, though I do hold out hope that someday this will change.

 

[EZEKIEL 25:17]

But I am not so completely enamoured with this one:

"Undoubtedly some think that the Second Amendment
is outmoded in a society where our standing army is
the pride of our Nation, where well-trained police forces
provide personal security, and where gun violence is a
serious problem. That is perhaps debatable, but what is
not debatable is that it is not the role of this Court to
pronounce the Second Amendment extinct."

It seems to leave that question for a future court to pronounce.

 

[jdubois]

The Amendment’s prefatory clause announces a purpose, but
does not limit or expand the scope of the second part, the operative
clause. The operative clause’s text and history demonstrate that it
connotes an individual right to keep and bear arms.

Thank you. Damn, I just never saw how this could not have been clear to anybody who read the amendment.

 

[vellnueve]

The AR-15 is probably in more common use than any other rifle in the country.

 

[matt1956]

I would think that the popularity and market penetration of the AR15 platform could be used to successfully argue that it is a firearm in "common use".

Fingers crossed...

at the very least... the stupid mag restrictions... hell, it is more expensive to by a new 10 round mag for my AR then a new 30 rounder... wonder why?

 

[lagrangian]

Also, the decision says nothing about it being incorporated against the States. So for the time being, it applies only to DC and the Federal government.

 

[Chris]

Hmm. Given the Brady Campaign's comments over the past few days, I wonder if they KNEW this was in the decision...

Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should 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.

Why do I get the feeling that the abuses are only going to get WORSE, not better?

 

[Pilgrim]

Undoubtedly some think that the Second Amendment
is outmoded in a society where our standing army is
the pride of our Nation, where well-trained police forces
provide personal security, and where gun violence is a
serious problem. That is perhaps debatable, but what is
not debatable is that it is not the role of this Court to
pronounce the Second Amendment extinct.
We affirm the judgment of the Court of Appeals.
It is so ordered.

Apparently 4 of them do not agree.

The damned Liberals will destroy this country without a doubt.

 

[rscalzo]

Now the lawyers can debate the ruling for the next thirty years.

 

[peterpressure]

I'd like links to the document that was released.

Str8t from the source...

http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf

 

[Dirtypacman]

I can take a deep breath - I am happy with the outcome.
So much to read and understand I need a day or two to have it all sink in.

I was not happy with the close vote of 5-4. As others have stated its just wrong to think almost 50% do not understand the rights of the american people.

 

[Jose]

where well-trained police forces
provide personal security

Really? Where are my Ohio State Highway Patrol bodyguards?

 

[Admin]

Also, the decision says nothing about it being incorporated against the States. So for the time being, it applies only to DC and the Federal government.

It clearly stated that TRIGGER LOCKS are UNCONSTITUTIONAL.

 

[ztp]

Great news for sure!

Still, in our little corner of freedom we still have the problem of the discretionary power of our local chief. So for example, if the safe storage laws in MA were overturned and a gun was stolen from a home the chief would still have the power to deem you "unsuitable".

The discretionary power of local chiefs in this state is grossly unconstitutional. Being a resident of a red town my restricted "license to carry" is a source of frustration, confusion and paranoia for me. I don't see Heller helping much on this issue, though I do hold out hope that someday this will change.

DC could issue permits. They didn't. They were discretionary. They aren't anymore.

 

[Raoul Duke]

But I am not so completely enamoured with this one:

"Undoubtedly some think that the Second Amendment
is outmoded in a society where our standing army is
the pride of our Nation, where well-trained police forces
provide personal security, and where gun violence is a
serious problem. That is perhaps debatable, but what is
not debatable is that it is not the role of this Court to
pronounce the Second Amendment extinct."

It seems to leave that question for a future court to pronounce.

Really? I think someone better let the LEO community know because that is not the assumption they and we have been operating under given the whole "No Affirmative Duty" concept

 

[96cbr900rr]

and the meltdown at DU kicks into high gear:

right..... guns will protect ya... keep telling yourself that

and when it comes time, pray to the ghost in the sky that you don't blow an innocents head off. Your pee shooter will do nothing to stop tyranny. Only political solutions and peaceful solutions will ever do anything. Meanwhile, you'll feel safe thinking you will know what to do when that Hollywood script presents itself. I find this whole debate laughable.

No wonder America has selected the likes of Bush for two terms. Everybody thinks they are John Wayne.... FEAR without THINKING. More guns will only make us less secure and de-evolved as a society. May as well get rid of the Police Force too... who needs their protection anymore, we'll just privatize security and leave personal security up to the individual.

Fear is the motive behind the need for gun protection. It begins with fear and rolls downhill from there. It's why we have an arms race, but hey, don't let those facts stop ya.

PS - arming yourself will not make you safer from your own government. Tank meets SteveM. That destroys your theory that people like me want you to at the whims of your government. You already are unless you try to change the government. Having a gun is ban aid on your insecurity and if you are planning on protecting yourself from your government you might want to pay attention to those other freedoms you are presently losing. Those freedoms that allowed you more protection than any idiot gun you will ever hold in your hand.

I see people filled with fear grasping for guns because they gave up on trying to fix a mess. More band aids for the fearful.

 

[EZEKIEL 25:17]

It clearly stated that TRIGGER LOCKS are UNCONSTITUTIONAL.

Not that I like to split hairs, but its really the manatory use of trigger locks that is unconstitutional. Some sort of locking mechanism on the firearms you are currently storing is still a pretty good idea.

 

[EZEKIEL 25:17]

Really? I think someone better let the LEO community know because that is not the assumption they and we have been operating under given the whole "No Affirmative Duty" concept

I have been on the waiting list for my government assigned personal security detail so long, I was forced to get a firearm on my own for protection.

 

[drgrant]

It doesn't even matter that it will take awhile to use this against anti states, etc. I am just glad I get to tell these "the 2nd amendment is about the national guard and is antiquated" a**h***s to shut the f**k up. " Of course they'll say the court ruled wrongly, or some crap, but that blow off carries very little weight.

Funny thing is I'm reading the opinion now, and its almost like Scalia or whoever
wrote it is trying to give the rest of the Justices an English lesson.

-Mike

 

[matt1956]

Also, the decision says nothing about it being incorporated against the States. So for the time being, it applies only to DC and the Federal government.

ALL states must adhere to the US Constitution. States CAN NOT make a law (and uphold it) that directly VIOLATES the US Constitution!

how many freaking times does this need to be said?

 

[Admin]

Not that I like to split hairs, but its really the manatory use of trigger locks that is unconstitutional. Some sort of locking mechanism on the firearms you are currently storing is still a pretty good idea.

Maybe for sheeple. What is an unloaded firearm going to do?

 

[ateamrob]

YEAH, YEAH, YEAH, YEAH...............

 

[FunYun]

That is the real xoncern.

BTW, on CNN a Brady spokesperson stated that "criminals" would try to use this decision to overturn their convictions on firearms charges. (as close as I can remeber his words)

Thats a nice way to spin a story.

Unless there were disqualified in the first place, I dint see why not, or what the problem is.

 

[kendall-op]

Justice Stephen Breyer wrote a separate dissent in which he said, "In my view, there simply is no untouchable constitutional right guaranteed by the Second Amendment to keep loaded handguns in the house in crime-ridden urban areas."

The most dangerous person in America today.

 

[matt1956]

Not that I like to split hairs, but its really the manatory use of trigger locks that is unconstitutional. Some sort of locking mechanism on the firearms you are currently storing is still a pretty good idea.

if you have kids or leave your guns at home... yep.

But, the fact that i can unlock my gun safe at night or not have a trigger lock on a gun when going to the range is comforting.

 

[Finalygotabeltfed]

and the meltdown at DU kicks into high gear:

What he doesn't realize is that HE and others like him ARE THE MESS THAT THIS COUNTRY IS TRYING TO FIGHT!!!!.........AND WE WILL WIN, if it means eliminating every last one of their communist asses!