SCOTUS affirms 2A extends to all 50 States - Page 2
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Thread: SCOTUS affirms 2A extends to all 50 States

  1. #11
    Quote Originally Posted by Quiet View Post
    Vote was 5-4
    McDonald v Chicago
    http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
    The decision is 214 pages.
    Thanks for the pdf file. I didn't read it yet, but what I hear thus far, sounds like the decision was based on the second amendment, not on "due process" clauses in other amendments, that, in my opinion, would have weakened the whole purpose of the second amandment.

    Socialism is the gateway drug!

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  3. #12
    Join Date
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    A 5 to 4 decision was expected. I hope more of these cases hit the SCOTUS before the balance changes. Here's a guy that is reading through the decision and breaking it down.

    Simple musings from a guy with guns

    Pg 5:

    If what municipal respondents mean is that the Second Amendment should be singled out for special—and specially unfavor-able—treatment, the Court rejects the suggestion. The right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated in an evenhanded manner.
    The respondents above refers to Chicago and it's suburbs.

    Municipal respondents’ remaining arguments are rejected be-cause they are at war with Heller’s central holding. In effect, they ask the Court to hold the right to keep and bear arms as subject to a different body of rules for incorporation than the other Bill of Rights guarantees.

    I bet that slap hurts, I am sure there are more to come.
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

  4. #13
    Quote Originally Posted by father-of-three View Post
    Thanks for the pdf file. I didn't read it yet, but what I hear thus far, sounds like the decision was based on the second amendment, not on "due process" clauses in other amendments, that, in my opinion, would have weakened the whole purpose of the second amandment.

    Socialism is the gateway drug!
    I'm a bit confused by what you meant.

    The court incorporated the second amendment into the 14th in order to make the 2nd applicable to the states.

    However, the court did so with a very limited holding, stating that it was only incorporating the second amendment right to own a handgun for self defense in one's home. Future cases may expand on that right, but for now it is limited to owning a handgun on one's premises for self protection.

    Put another way, Ted Nugent's 2nd Amendment permit is only good in his home - everywhere else the state can regulate his possession of a weapon if it chooses to do so until a court says otherwise.

  5. #14
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    The last 5-4 SCOTUS Decision?

    Will this be the very last 5-4 decision if Obama's Feminazi, Elana Kagan, is confirmed by Liberal Socialists?
    MSgt, USAF (ret), Life Member - NRA, Life Member - NAHC,
    Life Member - NCOA, Member - USCCA, Member - NCGR,
    Member - Oathkeepers

  6. #15
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    No. Kagan, if she were to be confirmed, and I hope she is not, would simply replace one of those 4 as another of those 4, so the tally would remain the same, but the virulence of the Leftism represented in those 4 would be strengthened, and due to her age, for a long time, making it ever harder to manage a Conservative, strict constructionist swing.
    When they "Nudge. Shove. Shoot.",
    Don't retreat. Just reload.

  7. IMHO I don't believe that the ruling will have any bearing on the right to carry. It will not change states to become "shall issue" states. I see many lawsuits and a lot of time before we see any change. I will not see a "national right to carry" in my lifetime.

  8. #17
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    Same here, and I'm 37.
    When they "Nudge. Shove. Shoot.",
    Don't retreat. Just reload.

  9. Quote Originally Posted by IWLAFART View Post
    IMHO I don't believe that the ruling will have any bearing on the right to carry. It will not change states to become "shall issue" states. I see many lawsuits and a lot of time before we see any change. I will not see a "national right to carry" in my lifetime.
    It doesn't have an immediate effect on states' unconstitutional gun restrictions, but it's significant in the fact that there're now two major precedents in the Supreme Court regarding the Second Amendment, especially since these two precedents are so recent.

  10. #19
    Quote Originally Posted by CathyInBlue View Post
    No. Kagan, if she were to be confirmed, and I hope she is not, would simply replace one of those 4 as another of those 4, so the tally would remain the same, but the virulence of the Leftism represented in those 4 would be strengthened, and due to her age, for a long time, making it ever harder to manage a Conservative, strict constructionist swing.
    At least two of the 5 Conservative Justices have significant health concerns...

    while only one liberal has a significant health concern...

    "The people never give up their liberties, but under some delusion." - Edmund Burke

  11. The trouble with this decision is that at 5:4, we are only one vote, one person away from losing our second amendment rights to bear arms. It you listen to the opposing views, they really hate the idea of an armed populace. One vote the other way is all that stands between them and our freedoms. Don't forget, you never know what you are getting when you put a judge in for life, some of those that were supposed to be conservative turned out to be left wing liberals. Elections do matter.

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