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

  1. #1
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    SCOTUS affirms 2A extends to all 50 States

    I just heard on Fox News that the SCOTUS just handed down a decision that the 2A extends to all 50 States!

    In its second major ruling on gun rights in three years, the Supreme Court Monday extended the federally protected right to keep and bear arms to all 50 states. The decision will be hailed by gun rights advocates and comes over the opposition of gun control groups, the city of Chicago and four justices.

    Justice Samuel Alito wrote for the five justice majority saying "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 ruling builds upon the Court's 2008 decision in D.C. v. Heller that invalidated the handgun ban in the nation's capital. More importantly, that decision held that the Second Amendment right to keep and bear arms was a right the Founders specifically delegated to individuals. The justices affirmed that decision and extended its reach to the 50 states. Today's ruling also invalidates Chicago's handgun ban.

    Backgrounder:

    WASHINGTON -- The Supreme Court appears poised to issue a ruling that will expand to the states the high court's historic 2008 ruling that individuals have a federally protected right to keep and bear arms, following an hour-long argument Tuesday. If so, the decision would mark another hallmark victory for gun rights advocates and likely strike down Chicago's handgun ban that is similar to the Washington D.C. law already invalidated by the justices.

    Tuesday's lively arguments featured lawyer Alan Gura, the same man who argued and won D.C. v. Heller in 2008. He now represents Otis McDonald who believes Chicago's handgun ban doesn't allow him to adequately protect himself. Gura argued the Heller decision which only applied to Washington D.C. and other areas of federal control should equally apply to Chicago and the rest of the country.

    "In 1868, our nation made a promise to the McDonald family that they and their descendants would henceforth be American citizens, and with American citizenship came the guarantee enshrined in our Constitution that no State could make or enforce any law which shall abridge the privileges or immunities of American citizenship," Gura told the Court.

    He argued the language of the Constitution's 14th Amendment forces the states to protect the rights guaranteed by the Second Amendment. The Bill of Rights, which was adopted in the late 18th Century, was then commonly viewed as only offering protections from the federal government.

    It wasn't until after the Civil War that the Supreme Court in a piecemeal fashion began to apply--or incorporate--parts of the Bill of Rights to the states. It has used the 14th Amendment's Due Process Clause to incorporate most of the Constitution's first amendments but has not yet done so for the Second Amendment. Gura argued that another part of the 14th Amendment would be a better vehicle for the justices to make their ruling but there didn't appear to be enough support from the bench on that front.

    Chief Justice John Roberts was the most vocal advocate of using the Due Process Clause to extend the Second Amendment rights to the states. "I don't see how you can read -- I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

    The discussion over "liberty" was a major philosophical theme of the arguments. Gura and National Rifle Association lawyer Paul Clement argued that the rights articulated in the Second Amendment are fundamental freedoms and would exist to all Americans even if there was no law specifically saying so.

    James Feldman, lawyer for the City of Chicago, defended his city's handgun ban and argued why the Heller decision's Second Amendment guarantee doesn't comport with the view that it represents a vital protection of liberty that needs to be expanded to the states.

    "[T]he right it protects is not implicit in the concept of ordered liberty," Feldman said. "States and local governments have been the primary locus of firearms regulation in this country for the last 220 years. Firearms unlike anything else that is the subject of a provision of the Bill of Rights are designed to injure and kill."

    Justice Ruth Bader Ginsburg dissented in Heller and wondered why the right to bear arms was necessary to extend to the states. "[I]f the notion is that these are principles that any free society would adopt, well, a lot of free societies have rejected the right to keep and bear arms."

    Later in the arguments Roberts disputed that notion. "I do think the focus is our system of ordered liberty, not any abstract system of ordered liberty. You can say Japan is a free country, but it doesn't have the right to trial by -- by jury."

    Roberts was part of the five member majority in Heller and there's a good chance Tuesday's case will result in a similar 5-4 outcome. All of the members of the Heller majority are still on the Court and at least one of them would have to rule against extending the Second Amendment protection in order for the opposing side to prevail.

    From: http://liveshots.blogs.foxnews.com/2...or-gun-rights/
    Last edited by lukem; 07-02-2010 at 01:32 PM.
    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

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  3. #2
    Yes, Dave just posted something. Like I said good news for a change is welcome.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  4. #3
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    It looks like Dave and I started our thread at the same time...
    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

  5. #4
    Quote Originally Posted by Red Hat View Post
    It looks like Dave and I started our thread at the same time...
    This is important enough to be posted several times.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  6. #5
    handgonnetoter Guest
    This is fantastic! Now, as long as those Supreme Court Justices can stay on the bench long enough to get some of these radical-left wing fanatics out of government, then we may be safe for awhile.

  7. #6
    Quote Originally Posted by Red Hat View Post
    It looks like Dave and I started our thread at the same time...
    Geat news is worth repeating, Red!
    Conservative Wife & Mom -- I'm a Conservative Christian-American with dual citizenship...the Kingdom of God is my 1st home and the U.S.A. is my 2nd.

  8. #7
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    The Spin is Starting

    The Spin on the lame stream media is now turning to regulation comparing handguns to hazardous materials.
    The main difference is the right to own hazardous materials is not a constitutional right.

    This is not a victory for gun owners, but a victory for all Americans.

    Simply put The Bill of Rights applies to all of us. (or the Constitution is the Constitution)

    Local State and all other politicians that take an oath to uphold and protect the Constitution of the United States are now swearing to defend your right to keep and bear arms.
    If they want to do something different then they don't belong in office.

  9. #8
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    Vote was 5-4
    McDonald v Chicago
    http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
    The decision is 214 pages.
    “If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun.” - Dalai Lama (Seattle Times, 05-15-2001).

  10. #9
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    It's about time we get something worth being happy about from the court.
    That makes my day.
    __________________________________________________ __
    God is Good!

  11. #10
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    enjoy it while we can ...

    notice, it was a 5-4 decision ... also, the Senate hearings to approve Obama's Supreme Court nominee are beginning, as we speak ... the NOVEMBER elections, are when we need to make a decisive statement to the Government ... NO VOTES FOR LIBERALS !

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