LGF

more options

  

Advertisement
Holiday Gift Guide - Save up to 45% on the seasons best!

SCOTUS Says You Can Own Guns

Thu, Jun 26, 2008 at 8:20:41 am PDT

Watch out for ideological whiplash; in the same week, the Supreme Court has banned the death penalty for child rapists, and ruled that individuals have the right to own guns.

WASHINGTON (Reuters) - The Supreme Court ruled on Thursday, for the first time in U.S. history, that individual Americans have the right to own guns for personal use, and struck down a strict gun control law in the nation’s capital.

The landmark 5-4 ruling marked the first time in nearly 70 years the high court has addressed whether the Second Amendment of the U.S. Constitution protects an individual right to keep and bear arms, rather than a right tied to service in a state militia.

Writing the court’s majority opinion, Justice Antonin Scalia said the Second Amendment protected 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.

Advertisement

554 comments

  • Comments are open and unmoderated, and do not necessarily reflect the views of Little Green Footballs.
  • Obscene, abusive, silly, or annoying remarks may be deleted, but the fact that particular comments remain on the site in no way constitutes an endorsement of their views by Little Green Footballs.
  • Posts that contain phone numbers, street addresses, email addresses or other personal information will also be deleted, as will posts that consist only of a variation on the word, "First!"
  • Comments that advocate violence will be cause for immediate banning with no appeal.
  • Disagreement and debate are welcome, but insults and abuse are not, and may cause your account to be blocked.
  • REMEMBER: posting comments at LGF is a privilege, not a right. Abuse that privilege, and your account will be blocked.

Hide comments | Jump to bottom

1 rlevitin  Thu, Jun 26, 2008 8:22:02am

Change!

(well, I guess its the opposite really...)

Change! averted.

2 buzzsawmonkey[deleted]  Thu, Jun 26, 2008 8:22:08am
3 bosforus  Thu, Jun 26, 2008 8:22:09am

Maybe the latter ruling will have some sort of impact on the former.

4 Liechtentrager  Thu, Jun 26, 2008 8:22:14am

Praise the Lord and pass the ammunition.

5 MandyManners  Thu, Jun 26, 2008 8:22:25am
in the same week, the Supreme Court has banned the death penalty for child rapists, and ruled that individuals have the right to own guns.

I won't comment on the hidden message I'm getting.

6 jamgarr  Thu, Jun 26, 2008 8:22:32am

They should let Scalia write all of the opinions.

7 freedombilly  Thu, Jun 26, 2008 8:22:36am

I have never and will never own a gun and I am rejoicing that the Second Amendment will be restored to the citizens of Washington DC.

8 The Other Les  Thu, Jun 26, 2008 8:22:48am

YAY!

9 MandyManners  Thu, Jun 26, 2008 8:22:53am

re: #2 buzzsawmonkey

With the right to own guns protected, banning the death penalty for child rapists might become a moot point.

Good to know I'm not loopy.

10 rawmuse  Thu, Jun 26, 2008 8:22:54am

We are in a s orry state of affairs when such a ruling is even required.

11 rightside  Thu, Jun 26, 2008 8:23:17am

re: #4 Liechtentrager

Amen!

12 HBob  Thu, Jun 26, 2008 8:23:17am

HBob has stepped away from his desk to go outside and shoot his guns in the air.

13 mijacat  Thu, Jun 26, 2008 8:23:33am

A week early, but still a nice Independence Day feel to it.

As a warning to those who will go read it, put down any beverages before you delve into the minority segments.

The usual suspects (Hot Air, Malkin, etc.) have good roundups.

Mew

14 littleoldlady  Thu, Jun 26, 2008 8:23:34am

re: #2 buzzsawmonkey

re: #3 bosforus

Exactly so of [G-d forbid!] somebody even tried to hurt my child.

15 bosforus  Thu, Jun 26, 2008 8:23:41am

re: #5 MandyManners

I won't comment on the hidden message I'm getting.

I believe I hinted at the hidden message in my #3.

16 thepoguemahone  Thu, Jun 26, 2008 8:23:49am

But now that citizens are allowed to own guns - there will be crime in Washington DC

/ sarc

17 Syrah  Thu, Jun 26, 2008 8:23:51am

Happy Day!

18 protestshooter  Thu, Jun 26, 2008 8:23:57am

It's well worth reading the opinion - it's quite interesting and even funny at times.

19 freedombilly  Thu, Jun 26, 2008 8:24:16am

re: #6 jamgarr

They should let Scalia write all of the opinions.

I highly recommend the book "Scalia Dissents". That is a very smart and eloquent man.

20 Oh no...Sand People!  Thu, Jun 26, 2008 8:24:24am

Freedom: 2
Socialism: 1,822

As long as I got Amendment 2. Number 1 is a given.

We can still win with those numbers.

21 The Pulchritudinous Patriot  Thu, Jun 26, 2008 8:24:34am

re: #3 bosforus

Maybe the latter ruling will have some sort of impact on the former.


It would if it were one of my daughters who'd been brutalized.

22 rcris5  Thu, Jun 26, 2008 8:24:44am

Universal ammo-care, it's a right, not a privilege.

23 Wendya  Thu, Jun 26, 2008 8:24:54am

"For the first time in US history"?

Reuters appears to be playing fast and loose with the truth in an effort to make this look like it's a case of judicial activism.

24 FlakMusic  Thu, Jun 26, 2008 8:25:02am

Reuters had to work in an editorial comment implying that it was an activist, right-wing court decision:

The Supreme Court ruled on Thursday, for the first time in U.S. history, that individual Americans have the right to own guns for personal use, and struck down a strict gun control law in the nation’s capital.

It's our ideological drift that's made it necessary for the court to affirm what was the clear and obvious meaning from the beginning.

25 jamgarr  Thu, Jun 26, 2008 8:25:14am

re: #19 freedombilly

I highly recommend the book "Scalia Dissents". That is a very smart and eloquent man.


I'll check it out. He generally doesn't mince his words.

26 Iron Fist  Thu, Jun 26, 2008 8:25:18am

And in other news, the Supreme Court decides that water is wet.

27 MandyManners  Thu, Jun 26, 2008 8:25:18am

re: #12 HBob

HBob has stepped away from his desk to go outside and shoot his guns in the air.

What goes up, must come down.

28 xenon23  Thu, Jun 26, 2008 8:25:18am

YEA! A win for the good guys and freedom. I am slap happy!

29 Sharmuta  Thu, Jun 26, 2008 8:25:23am

re: #6 jamgarr

They should let Scalia write all of the opinions.

Uh- well.... Let's keep him away from any ID decisions.

30 Ward Cleaver  Thu, Jun 26, 2008 8:25:26am

re: #5 MandyManners

I won't comment on the hidden message I'm getting.

Sounds like a group of Americans just got put on notice.

31 suboptimal  Thu, Jun 26, 2008 8:25:28am

This decision was way too close. It's sad to see that 4 out of 5 Justices can read, but do not understand, or don't want to.

32 Kaitian868  Thu, Jun 26, 2008 8:25:54am

Individual Rights Affirmed, Lefty Blogs Calls for Head of Jon Stewart and Justice Scalia.

33 MandyManners  Thu, Jun 26, 2008 8:26:02am

re: #15 bosforus

I believe I hinted at the hidden message in my #3.

I didn't see that. I'm glad to know I'm in good company.

34 jill e  Thu, Jun 26, 2008 8:26:06am

Don't forget giving Constitutional rights to terrorists! One out of three...

35 Dar ul Harb  Thu, Jun 26, 2008 8:26:06am
SCOTUS Says You Can Own Guns

Er, I think the Constitution said that all along.

36 BeerDrinking_VictoryMonkey  Thu, Jun 26, 2008 8:26:24am

re: #9 MandyManners

Good to know I'm not loopy.

You're not Loppy, either.
Not that there's anything wrong with her.

37 Fat Jolly Penguin  Thu, Jun 26, 2008 8:26:30am

re: #31 suboptimal

This decision was way too close. It's sad to see that 4 out of 5 Justices can read, but do not understand, or don't want to.

DING-DING-DING-DING-DING!

38 calvin coolidge  Thu, Jun 26, 2008 8:26:33am

We're safe a few more years until BHO's SC overturns it.

39 CIA Reject  Thu, Jun 26, 2008 8:26:39am

I think I 'll celebrate by taking my M1911A1 out of cold storage and leaving it on the nightstand....

Next to my Bible...

/What a Country!

40 Golem Akbar  Thu, Jun 26, 2008 8:26:43am

Too many 5-4 decisions.
To all "conservatives" on the fence about McCain, think for a minute. He has vowed to put strict constructionists on the court. Obama will appoint only liberals to the court. Is this clear?

41 jamgarr  Thu, Jun 26, 2008 8:26:59am

re: #29 Sharmuta

Uh- well.... Let's keep him away from any ID decisions.


Oh crap! I didn't mean to open that can of worms!

42 DougTheWriter  Thu, Jun 26, 2008 8:27:04am

Perhaps Anthony Kennedy thought it through enough to figure that if they banned guns in DC, what would the guards at the steps of the Supreme Court building use to protect the robed royalty from us poor peasants with pitchforks?

Oh wait, they'd still have their guns anyway...

43 maddogg  Thu, Jun 26, 2008 8:27:07am

WooHoo! ! ! ! Brady bunch and Handgun Control Inc. can suck hind tit!

44 vagabond trader  Thu, Jun 26, 2008 8:27:07am

The recent 5-4 decisions are all the more reason that we must not allow a radical social engineer to nominate future occupants of the Supreme Court.

NOBAMA!

45 freedombilly  Thu, Jun 26, 2008 8:27:09am

I'm going to hop on the Metro now and check out the Smithsonians one more time before the gun fights break out in the streets of DC.

46 Wendya  Thu, Jun 26, 2008 8:27:26am

re: #18 protestshooter

It's well worth reading the opinion - it's quite interesting and even funny at times.

I like the way Scalia deconstructs the minority's argument at the same time he writes the majorities opinion. He doesn't seem to be particularly impressed with Justice Stevens.

47 MaDeuce  Thu, Jun 26, 2008 8:27:49am

Thank God!

If you have any interest at all in the issue, or if you would like to see clear evidence of the minority's attempt to legislate from the bench, you should read the first 30 pages or so of the opinion.

The logic and reasoning that Stevens uses is beyond belief. It's horrifyingly clear that he simply raised every objection possible in the hope that something would stick. He did everything but try to interpret the intent of the Constitution. He had an outcome that he wanted to achieve and he used every technique possible -- logic and truth be damned.

48 Kaitian868  Thu, Jun 26, 2008 8:27:53am

re: #35 Dar ul Harb

Er, I think the Constitution said that all along.

They disagree and say that Madison accidentally wrote "Right of the People" instead of "Right of the Government" in the Bill of Rights. Only on the 2nd Amendment part of course.

49 MandyManners  Thu, Jun 26, 2008 8:27:56am

re: #30 Ward Cleaver

Sounds like a group of Americans just got put on notice.

I hope scum like that pay attention to this ruling.

50 Kalak  Thu, Jun 26, 2008 8:28:06am

I am very happy about this. A victory, finally, that the Constitution is not a Chinese menu, that the leftists cannot pick and choose column A and column B.

Oh, but the Koz Kidz are, predictably, going stark raving nutters. Here's a particularly good one. This one almost made me vomit.

My opinion on the 2nd amendment is this:

1 The 2nd amendment does say that we have the right to keep and bear arms. We can own guns and bullets. It says that, so let’s just not argue about it and accept that that’s what it says.

2 Maybe now, after almost 250 years, is the time to amend the 2nd amendment. Create the 28th amendment that changes the 2nd by taking away our right to bear arms. Why not, because let's face it...having the right to bear arms hasn't really worked out well for us, has it? We just keep shooting each other to death. Let's change the 2nd amendment and try another tack in trying to achieve the goal of not killing each other.

That’d be fine with me.

Obama, '08 - Because the failure of America as a democracy is not an option!

by WSComn on Thu Jun 26, 2008 at 08:09:43 AM PDT

Yeah, kid. Molon labe, idiot.

51 mean Gene  Thu, Jun 26, 2008 8:28:06am

Time to go gun shopping again.
SCOTUS has a majority of members who can read with comprehension!

52 Iron Fist  Thu, Jun 26, 2008 8:28:11am

re: #45 freedombilly,

Better notify the crack dealers of your route so they won't disturb you too much!

:-)

53 DougTheWriter  Thu, Jun 26, 2008 8:28:20am

But if you use your gun to off a child rapist in Louisiana, you'll be put to death.

54 MandyManners  Thu, Jun 26, 2008 8:28:21am

re: #36 BeerDrinking_VictoryMonkey

You're not Loppy, either.
Not that there's anything wrong with her.

LOL!

55 Dar ul Harb  Thu, Jun 26, 2008 8:28:23am

re: #18 protestshooter

It's well worth reading the opinion - it's quite interesting and even funny at times.

Scalia joke, at 9:

Petitioners point to militia
laws of the founding period that required militia members
to “keep” arms in connection with militia service, and they
conclude from this that the phrase “keep Arms” has a
militia-related connotation. See Brief for Petitioners 16–
17 (citing laws of Delaware, New Jersey, and Virginia).
This is rather like saying that, since there are many stat-
utes that authorize aggrieved employees to “file com-
plaints” with federal agencies, the phrase “file complaints”
has an employment-related connotation.
56 xenon23  Thu, Jun 26, 2008 8:28:24am

I should take my AK-47 out to the ranch and blast off a few rounds on the 4th!

57 Cygnus  Thu, Jun 26, 2008 8:28:31am

re: #39 CIA Reject

I think I 'll celebrate by taking my M1911A1 out of cold storage and leaving it on the nightstand....

Next to my Bible...

/What a Country!

You poor bitter thing.
///

58 unclassifiable  Thu, Jun 26, 2008 8:28:33am

re: #5 MandyManners

I will. Take care of things yourself ;)

And the things I have to take care of things -- I get to keep them.

Makes my day.

59 opnion  Thu, Jun 26, 2008 8:28:50am

Private gun ownership is strictly prohibited in Chicago.
Amazingly, gun violence is at an all time high.
Every time that there is an innocent person killed in a drive by etc.
Richie Daley rushes to a microphone & calls for stricter gun laws.
As I see it, criminals by defintion do not care about laws.
Their profession is actually breakling laws & How do you get more strict than a total ban?

60 Golem Akbar  Thu, Jun 26, 2008 8:28:55am

re: #45 freedombilly

I'm going to hop on the Metro now and check out the Smithsonians one more time before the gun fights break out in the streets of DC.


Don't forget to see the Spy Museum. My favorite non-Smithsonian in the District.

61 MandyManners  Thu, Jun 26, 2008 8:29:18am

re: #40 Golem Akbar

Too many 5-4 decisions.
To all "conservatives" on the fence about McCain, think for a minute. He has vowed to put strict constructionists on the court. Obama will appoint only liberals to the court. Is this clear?

(Just thought that bore repeating.)

62 jill e  Thu, Jun 26, 2008 8:29:24am

Quotes from the opinion (from ScotusBlog):

“Logic demands that there be a link between the stated purpose and the command.”

“We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.”

“the most natural reading of ‘keep Arms’ in the Second Amendment is to “have weapons.”

“The term was applied, then as now, to weapons that were not specifically designed for military use and were not employed in a military capacity.”

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

“Thus, we do not read the Second Amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the First Amendment to protect the right of citizens to speak for any purpose.”

“The prefatory clause does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting.”

“It was plainly the understanding in the post-Civil War Congress that the Second Amendment protected an individual right to use arms for self-defense.”

“Like most rights, the right secured by the Second Amendment is not unlimited.”

“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.”

“We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those ‘in common use at the time.’ 307 U. S., at 179.”

“Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.”

“In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.”

63 Kragar (proud to be kafir)  Thu, Jun 26, 2008 8:29:35am

Finally some good news

64 Dar ul Harb  Thu, Jun 26, 2008 8:29:39am

re: #43 maddogg

WooHoo! ! ! ! Brady bunch and Handgun Control Inc. can suck hind tit!

Attention:
National Coalition to Ban Handguns, you can go out of business now.

65 Sharmuta  Thu, Jun 26, 2008 8:29:51am

Gun control laws generally have little affect on crime, as criminals already don't care that they're breaking the law. However- conceal and carry laws actually have helped reduce crime in the states where they're proposed and passed. Maybe things will get better in DC.

It's like the saying goes- a well armed society is a polite society.

66 SalsaNChips  Thu, Jun 26, 2008 8:30:09am

Well, at least some good news in these increasingly repressive times.

67 1SG(ret)  Thu, Jun 26, 2008 8:30:23am

Now that I have SCOTUS on my side. All I have to do is convince my wife that 38 guns is not enough to effectively cover all avenues of approach and create good over lapping fields of fire. My work is never done it seems. Work calls all. Please have a great day in the gun store, if you are so inclined.

Top

68 blueroom127  Thu, Jun 26, 2008 8:30:25am

Obama: Supreme Court Judges are just bitter and clingy.

69 paxnhymn  Thu, Jun 26, 2008 8:30:33am

I just perused through all of the networks looking for their take on the SCOTUS decision....I was shocked but shouldn't have been...NOTHING! SQUAT! the only one on the story is Fox...almost all of the others are doing stories about evil oil and evil oil companies! What a bunch of sore losers!Unbiased! feh

70 Conservative in Liberal Hands  Thu, Jun 26, 2008 8:31:10am

ABC Radio in it's top-of-the-hour news summary (sic) reported the SOCTUS decision immediately followed by one of the Brady Bunch decrying it.

I wonder what the effect of the ruling will have on communities that have handgun bans such as Evanston and Oak Park, Illinois... Yooper or any of the Crook County Lizards want to comment?

71 Golem Akbar  Thu, Jun 26, 2008 8:31:10am

re: #68 blueroom127

Obama: Supreme Court Judges are just bitter and clingy.


Obama: that's not the Supreme Court I once knew...

72 Kalak  Thu, Jun 26, 2008 8:31:14am

re: #12 HBob

HBob has stepped away from his desk to go outside and shoot his guns in the air.

Please don't reinforce the leftists' negative stereotypes of irresponsible gun owners. Guns fired into the air tend to have bullets come down in parabolas that can be of sufficient velocity to kill.

If you want to shoot a gun outdoors, the only acceptable place to do so is a range with an earthen berm of sufficient thickness as a backstop, or a target in front of a hill that will service as such.

Don't even joke about irresponsible gun use. Please.

73 MandyManners  Thu, Jun 26, 2008 8:31:17am

re: #58 unclassifiable

I will. Take care of things yourself ;)

And the things I have to take care of things -- I get to keep them.

Makes my day.

Watch out, punks!

74 unclassifiable  Thu, Jun 26, 2008 8:31:21am

I think a lot of fast hot Pb will be flying out of my XD this weekend in celebration.

75 tridroid97  Thu, Jun 26, 2008 8:31:25am
76 alegrias  Thu, Jun 26, 2008 8:31:25am

Thank you, Supreme Court--with this decision, maybe DC will no longer be the murder capital of the country.

Mewling lefties will now wear Kevlar in DC, to protect themselves from rightful licensed, legal, likely trained owning citizens.

Our outlaws will have to watch out for a change.

77 Ward Cleaver  Thu, Jun 26, 2008 8:31:51am

Even some of the Kos Kidz (like the diarist "Adam B") sound pretty level-headed on this:

SCOTUS: Second Amendment Protects Individual Rights

78 Sizzlack  Thu, Jun 26, 2008 8:31:51am

Everytime I see SCOTUS written like that, for some reason my brain sees SCROTUS first.

79 Pete(Detroit)  Thu, Jun 26, 2008 8:32:01am

Well!
This IS a good day!
Wonder what this means to the states (two, I believe) that refuse to issue carry licenses..

80 CaptCool  Thu, Jun 26, 2008 8:32:05am

read it for yourself, here [Link: www.scotusblog.com...]

81 MandyManners  Thu, Jun 26, 2008 8:32:25am

How is BHO gonna' spin this so that he can stay true to his beliefs and his supporters while not alienating the rest of us?

82 buzzsawmonkey[deleted]  Thu, Jun 26, 2008 8:32:35am
83 The Other Les  Thu, Jun 26, 2008 8:32:48am

Waiting to see some moonbat heads explode.

84 tridroid97  Thu, Jun 26, 2008 8:32:50am

Now maybe other towns won't be afraid to join us here in Kennesaw, making gun ownership mandatory!

85 maddogg  Thu, Jun 26, 2008 8:33:03am

re: #67 1SG(ret)

Now that I have SCOTUS on my side. All I have to do is convince my wife that 38 guns is not enough to effectively cover all avenues of approach and create good over lapping fields of fire. My work is never done it seems. Work calls all. Please have a great day in the gun store, if you are so inclined.

Top

Top, standard reply when wifey asks "well, how many more guns do you need?" Answer: Just one more. (repeat as needed).

86 CIA Reject  Thu, Jun 26, 2008 8:33:10am

re: #57 Cygnus

You poor bitter thing.
///

Heh, I'll cling to the Constitution thank you very much :-)

Thank G*d the SC has done the same!

87 Carolyn  Thu, Jun 26, 2008 8:33:16am

Hey, this isn't over. Not as long as leftists have breath.
We must still be vigilant.
Join 2nd amendment groups and stay strong.

88 Golem Akbar  Thu, Jun 26, 2008 8:33:17am

re: #78 Sizzlack

Everytime I see SCOTUS written like that, for some reason my brain sees SCROTUS first.


/Well, as Freud said: sometimes a cigar is just a penis.

89 vagabond trader  Thu, Jun 26, 2008 8:33:17am

re: #81 MandyManners

lie and deny, not necessarily in that order. Seems to be one of his few talents.

90 BeerDrinking_VictoryMonkey  Thu, Jun 26, 2008 8:33:32am

re: #57 Cygnus

You poor bitter thing.
///

He needs some arugula.

91 Sharmuta  Thu, Jun 26, 2008 8:33:32am

re: #41 jamgarr

Oh crap! I didn't mean to open that can of worms!

You didn't- I did.

92 freedombilly  Thu, Jun 26, 2008 8:33:34am

re: #52 Iron Fist

,

Better notify the crack dealers of your route so they won't disturb you too much!

I just tell them that I fundraised for Marion Barry and they escort me where I'm going!

93 IgofAntioch  Thu, Jun 26, 2008 8:33:38am

Join the NRA- they get it right!

94 Darwin Akbar  Thu, Jun 26, 2008 8:33:50am

Considering that Justice Stevens, and probably Justice Ginsburg, will probably be forced to retire during the next four years, this week's rulings confirm that Obama must not be allowed to be in a position to appoint new SCOTUS justices.

In my dreams, Janice Rogers Brown is nominated to the Supreme Court, and we watch in amusement as an African American woman, single mother and daughter of sharecroppers is told by the tolerant liberal Democrat masters of identify politics that she is "extreme," "out of the mainstream" and not qualified.

95 rcris5  Thu, Jun 26, 2008 8:34:01am

An armed sorority is a kick-ass sorority...

96 Ziggy  Thu, Jun 26, 2008 8:34:02am

I happen to have a date tomorrow at the gun club. A wonderful way to celebrate. (using firearms repsonsibly)

97 ronaldusmagnus  Thu, Jun 26, 2008 8:34:10am

McCain released his statement supporting the decision.

As for BHO - nothing.

Just came from BHO webiste. His campaign did think it vitally important to create a blog post this morning about North Korea. Apparently truly landmark Supreme Court decisions don't qualify.

98 MajorPribluda  Thu, Jun 26, 2008 8:34:18am

re: #5 MandyManners

I won't comment on the hidden message I'm getting.

Sounds like there are responsibilities as well.

99 buzzsawmonkey[deleted]  Thu, Jun 26, 2008 8:34:23am
100 Pygmalienation  Thu, Jun 26, 2008 8:34:23am

Hoo Freakin ray!

101 Golem Akbar  Thu, Jun 26, 2008 8:34:26am

re: #88 Golem Akbar

/Well, as Freud said: sometimes a cigar is just a penis.


It's like Freud also said: you are thinking one thing but saying your mother...
[stop me please...]

102 alegrias  Thu, Jun 26, 2008 8:34:26am

re: #44 vagabond trader

The recent 5-4 decisions are all the more reason that we must not allow a radical social engineer to nominate future occupants of the Supreme Court.

NOBAMA!

* * *
He's NOT an engineer, but a lawyer who organized communities.

103 opnion  Thu, Jun 26, 2008 8:34:41am

re: #70 Conservative in Liberal Hands

ABC Radio in it's top-of-the-hour news summary (sic) reported the SOCTUS decision immediately followed by one of the Brady Bunch decrying it.

I wonder what the effect of the ruling will have on communities that have handgun bans such as Evanston and Oak Park, Illinois... Yooper or any of the Crook County Lizards want to comment?


Speaking, of Oak Park, Il., it is also a nuclear free zone!

If a nuclear war breaks out, get to Oak Park. That place will be safe.

104 Onslow  Thu, Jun 26, 2008 8:34:46am

No thanks to the Bush administration, which file amicus on DC's side.

105 Orbit Rain  Thu, Jun 26, 2008 8:34:55am

...funny how four "Justices" disagree with what should have been obvious for a few hundred years...

106 varmint  Thu, Jun 26, 2008 8:35:11am

toon


glorious morning

107 Cartman  Thu, Jun 26, 2008 8:35:13am

Well, they finally got one right. Viva Heller!

108 BeerDrinking_VictoryMonkey  Thu, Jun 26, 2008 8:35:18am

re: #65 Sharmuta

Gun control laws generally have little affect on crime, as criminals
already don't care that they're breaking the law. However- conceal and
carry laws actually have helped reduce crime in the states where
they're proposed and passed. Maybe things will get better in DC.

It's like the saying goes- a well armed society is a polite society.

Lincoln made men free, Colt made them equals.

109 Ziggy  Thu, Jun 26, 2008 8:35:19am

re: #85 maddogg
The reply to wife is "how many black shoes do you need"

110 buzzsawmonkey[deleted]  Thu, Jun 26, 2008 8:35:26am
111 Silhouette  Thu, Jun 26, 2008 8:36:06am

Why do I hear Handel's Messiah chorus, and see flying pigs?

The Supreme Court actually (gasp) defends the words of the Constitution?!

112 Conservative in Liberal Hands  Thu, Jun 26, 2008 8:36:12am

re: #99 buzzsawmonkey

Buzz, You're not suggesting some... target practice, are you.

113 CIA Reject  Thu, Jun 26, 2008 8:36:45am

re: #57 Cygnus

Heh

114 Honorary Yooper  Thu, Jun 26, 2008 8:36:58am

re: #70 Conservative in Liberal Hands

ABC Radio in it's top-of-the-hour news summary (sic) reported the SOCTUS decision immediately followed by one of the Brady Bunch decrying it.

I wonder what the effect of the ruling will have on communities that have handgun bans such as Evanston and Oak Park, Illinois... Yooper or any of the Crook County Lizards want to comment?

It's already having some effect. I posted a few articles from the Tribune and CBS2 up in the spinoff links section.

Here's excerpts from the CBS2 article:

As CBS 2's Joanie Lum reports, the decision is exepcted to have effects across the country, including in Chicago, where a ban on the sale and registration of handguns has been in place since 1982. Only police officers, aldermen and a handful of others are exempt from the ban.

While other firearms can be registered, under current law, handguns cannot be registered and are considered illegal. Several suburbs have similar restrictions.

Mayor Richard M. Daley is a staunch supporter of gun control, and says the recent police shootings – all of which allegedly involved offenders who aimed guns at officers – are the direct result of having too many guns on the street.

Daley also says gun violence has claimed the lives of schoolchildren, and without the ban, the city would have more serious problems.

"It is an epidemic in America. There's something about a handgun, there's something about rifles and shotguns and Uzis people want, and drug dealers and gangbangers have them," Mayor Daley said. "And one thing we know – the more guns in society, the more victims you have in violent crimes."

With an epidemic of gun violence in Chicago this year, Daley and other officials and activists have been lobbying for stricter state gun laws.

But some defenders of gun rights say just the opposite of Mayor Daley, arguing instead in favor of the theories of economist John Lott, now of the University of Maryland.

The onetime University of Chicago professor argued in his 1998 volume, More Guns, Less Crime, for a statistical correlation between laws allowing people to carry concealed handguns and a drop in crime rates. Lott theorized the crime rate dropped because criminals were deterred by the possibility of confronting an armed victim.

Lott also claimed the Chicago gun ban was to blame for an increase in crime.

Critics of Chicago's gun ordinance also say the law already aims to keep guns out of the hands of criminals, and that law-abiding citizens should be allowed to possess any firearm they desire.

The gun ban in Washington, D.C., that was struck down Thursday, is the same as Chicago's, forbidding the sale and possession of handguns.

Looks like King Richard II is gonna have his gun ban challenged.

115 SaracensAtTheGates  Thu, Jun 26, 2008 8:37:14am

The reason we have the 2nd Amendment is that we have the 2nd Amendment.

116 The Other Les  Thu, Jun 26, 2008 8:37:14am

re: #99 buzzsawmonkey

Hey, the decision said we could own firearms; it didn't say a thing about exploding moonbat heads.

I've noticed that many moonbats have a problem with us mere mortals owning firearms. Thus the expectation of internal head pressure issues on their part.

117 jill e  Thu, Jun 26, 2008 8:37:16am
In any event, the meaning of “bear arms” that petitioners and JUSTICE STEVENS propose is not even the (sometimes)idiomatic meaning. Rather, they manufacture ahybrid definition, whereby “bear arms” connotes the actual carrying of arms (and therefore is not really a idiom) but only in the service of an organized militia. No dictionary has ever adopted that definition, and we have been apprised of no source that indicates that it carried that meaning at the time of the founding. But it is easy to see why petitioners and the dissent are driven to the hybrid definition. Giving “bear Arms” its idiomatic meaning would cause the protected right to consist of the right to be a soldier or to wage war—an absurdity that no commentator has ever endorsed.
118 Ward Cleaver  Thu, Jun 26, 2008 8:37:27am

re: #104 Onslow

No thanks to the Bush administration, which file amicus on DC's side.

Un-fricken-believable.

Like I said recently, "Compassionate Conservatism" has turned out to be Liberalism Lite.

119 BeerDrinking_VictoryMonkey  Thu, Jun 26, 2008 8:37:28am

re: #103 opnion

Speaking, of Oak Park, Il., it is also a nuclear free zone!

If a nuclear war breaks out, get to Oak Park. That place will be safe.

LOL. The Unitarian Church around the corner from my hose is also a "nuclear-free zone." I still laugh every time I drive by.

120 MajorPribluda  Thu, Jun 26, 2008 8:37:29am

re: #59 opnion

Private gun ownership is strictly prohibited in Chicago.

Not for long.

121 turn  Thu, Jun 26, 2008 8:37:32am

5-4 decision? I can't believe a close call like this could happen in America. This nation sorely needs a few more solid Constitutionalists on the bench.

Should Obama be elected our constitutional rights are really going to get f$%^# over by the Judiciary.

122 ROPMA  Thu, Jun 26, 2008 8:37:41am

reposted

How burglery encounters should end.

123 vxbush  Thu, Jun 26, 2008 8:37:47am

FYI: I'm skimming Scalia's decision, and he quotes several articles written by Eugene Volokh. And he keeps ripping at Stevens, complaining rather artfully that Stevens is wrong, wrong, wrong.

It's been rather a delight to read. :D

124 Cartman  Thu, Jun 26, 2008 8:38:09am

My new Sig 556 cleared NICS yesterday afternoon. Time to slap on an ACOG and go to the outdoor range and celebrate!

125 Loren42  Thu, Jun 26, 2008 8:38:12am

Relief!

126 Dar ul Harb  Thu, Jun 26, 2008 8:38:22am

Ouch.

Heller, at 17-18:

JUSTICE STEVENS believes that the unitary meaning
of “keep and bear Arms” is established by the Second
Amendment’s calling it a “right” (singular) rather than
“rights” (plural). See post, at 16. There is nothing to this.
State constitutions of the founding period routinely
grouped multiple (related) guarantees under a singular
“right,” and the First Amendment protects the “right
[singular] of the people peaceably to assemble, and to
petition the Government for a redress of grievances.”

The First Amendment. Remember that one, Stevens?

127 Silhouette  Thu, Jun 26, 2008 8:38:38am

From now on, every murder in Washington DC will be headline news.

With this decision mentioned in either the headline, the first sentence, or maaaaaaybe just the first paragraph.

-depend upon it

128 kimbergrl  Thu, Jun 26, 2008 8:38:39am

Did you read this:

Justice John Paul Stevens (minority opinion, thank goodness) :
(The majority opinion) "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons." He said that the evidence for this is no where to be found.

HA! What about the right of the people to overthrow a tyrannical government! What are we going to do, throw pillows at them and hope they don't shoot us?

Justice Stephen Breyer (again, dissent thankfully)
"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."

I love this. Apparently "the right of the people to keep and bear arms shall not be infringed" doesn't apply to individual people keeping and bearing arms in their homes if they live in a crime ridden area.

Oh, I know, they meant to write "the right of the people to keep and arm bears shall not be infringed"....dyslexic founding fathers.....

129 Mars Needs Neocons  Thu, Jun 26, 2008 8:38:57am

re: #12 HBob

HBob has stepped away from his desk to go outside and shoot his guns in the air.

We are not fundamentalist Islamacists. At least the way they celebrate it will only take a few million victories to exterminate themselves.

130 Crimsonfisted  Thu, Jun 26, 2008 8:39:29am

re: #81 MandyManners

How is BHO gonna' spin this so that he can stay true to his beliefs and his supporters while not alienating the rest of us?

There is not enough spin in the world for that. Isn't his idealogyg already alien enough for the rest of us? :)

131 vagabond trader  Thu, Jun 26, 2008 8:39:29am

re: #102 alegrias

Was trying to be polite and reasonably intelligent. My first thought in describing him is actually traitorous azzhole.

132 Stringart  Thu, Jun 26, 2008 8:39:48am

re: #16 thepoguemahone

But now that citizens are allowed to own guns - there will be crime in Washington DC

/ sarc

Oh, dear - I just booked my long-awaited trip to DC. If there's going to be crime there, maybe I should cancel.

/Fraidy cat

133 Kalak  Thu, Jun 26, 2008 8:39:57am

re: #124 Cartman

You need a wheel for the front of that.

(They're too nose-heavy, I think.) :)

134 lawhawk  Thu, Jun 26, 2008 8:39:58am

re: #97 ronaldusmagnus

Obama's position on guns is... um... nuanced. That too shall result in an edition of bus and driver.

135 Kenneth  Thu, Jun 26, 2008 8:39:59am

re: #96 Ziggy

You're taking your date to the gun club?

136 Ward Cleaver  Thu, Jun 26, 2008 8:40:04am

re: #114 Honorary Yooper

Why would he think that "...drug dealers and gangbangers..." are going to respect a gun ban? Is he just a complete moron?

137 stanlef  Thu, Jun 26, 2008 8:40:16am

Well....We are not "subjects" or "serfs" yet....Reid and Pelosi must both be fuming.

/or is that seething?

138 J.S.  Thu, Jun 26, 2008 8:40:27am

re: #66 SalsaNChips

Well, at least some good news in these increasingly repressive times.

And, speaking of repressive times, here in Canada a stand-up comic is being hauled before the British Columbia Human "Rights" Tribunal...a heckler didn't approve of the comedian's routine. She figured he was being "sexist", etc.

139 Silhouette  Thu, Jun 26, 2008 8:40:35am

Old meme:

X servicemen died this week in Iraq, bringing the total deaths to XX since Bush declared an end to major hostilities.


New meme:

X people died this week in DC, bringing the total deaths to XX since the Supreme Court struck down the ban on guns.
140 MajorPribluda  Thu, Jun 26, 2008 8:40:41am

re: #78 Sizzlack

Everytime I see SCOTUS written like that, for some reason my brain sees SCROTUS first.

Me too. And you wouldn't *believe* how I read your nic.

141 ploome hineni[deleted]  Thu, Jun 26, 2008 8:40:48am
142 vxbush  Thu, Jun 26, 2008 8:40:57am

re: #128 kimbergrl

Did you read this:

Justice John Paul Stevens (minority opinion, thank goodness) :
(The majority opinion) "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons." He said that the evidence for this is no where to be found.

HA! What about the right of the people to overthrow a tyrannical government! What are we going to do, throw pillows at them and hope they don't shoot us?

Justice Stephen Breyer (again, dissent thankfully)
"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."

I love this. Apparently "the right of the people to keep and bear arms shall not be infringed" doesn't apply to individual people keeping and bearing arms in their homes if they live in a crime ridden area.

Oh, I know, they meant to write "the right of the people to keep and arm bears shall not be infringed"....dyslexic founding fathers.....

It's pretty obvious reading Scalia's text that he (and his aides) really did their homework. His piece-by-piece reading of the amendment is really great, and should be required homework for any future lawyer or jurist.

It also makes it clear the vacuousness of Stevens' arguments. He just blows huge, gaping holes in them.

143 BeerDrinking_VictoryMonkey  Thu, Jun 26, 2008 8:40:59am

re: #114 Honorary Yooper



As CBS 2's Joanie Lum reports, the decision is exepcted to have effects across the country, including in Chicago, where a ban on the sale and registration of handguns has been in place since 1982. Only police officers, aldermen and a handful of others are exempt from the ban.

Good thing that no one's been shot in Chicago since 1982, right?

Mayor Richard M. Daley is a staunch supporter of gun control, and says the recent police shootings – all of which allegedly involved offenders who aimed guns at officers – are the direct result of having too many guns on the street.

Um, isn't that pretty much what happens when there's a shooting of any type - most shootings involve guns.

144 Cygnus  Thu, Jun 26, 2008 8:41:01am

re: #61 MandyManners

Too many 5-4 decisions.
To all "conservatives" on the fence about McCain, think for a minute. He has vowed to put strict constructionists on the court. Obama will appoint only liberals to the court. Is this clear?

(Just thought that bore repeating.)

As often as possible.

145 madisonsfriend  Thu, Jun 26, 2008 8:41:02am

re: #24 FlakMusic
There was/is a gun ban in DC? So the murders every weekend are by knife? Bow and Arrow?

146 jill e  Thu, Jun 26, 2008 8:41:37am

Two years ago, but this article talks about the huge rise in violent crimes, including home invasion in England and Wales:

[Link: www.telegraph.co.uk...]

147 Ward Cleaver  Thu, Jun 26, 2008 8:41:52am

re: #119 BeerDrinking_VictoryMonkey

LOL. The Unitarian Church around the corner from my hose is also a "nuclear-free zone." I still laugh every time I drive by.

What, have they got a force field around the property?

148 The Other Les  Thu, Jun 26, 2008 8:41:53am

re: #136 Ward Cleaver

Why would he think that "...drug dealers and gangbangers..." are going to respect a gun ban? Is he just a complete moron?

He simply believes that he is smarter than the rest of us.

This belief has no basis in reality.

149 Sharmuta  Thu, Jun 26, 2008 8:42:04am

Gun bans do nothing but impose insecurity on law abiding citizens.

If you want to reduce crime- increase guns in the hands of law abiding Americans. DC needs a conceal and carry law- then you'll see crime in DC go down.

150 Conservative in Liberal Hands  Thu, Jun 26, 2008 8:42:10am

re: #119 BeerDrinking_VictoryMonkey

LOL. The Unitarian Church around the corner from my hose is also a "nuclear-free zone." I still laugh every time I drive by.

DB_VM, Are you part of the underground Crook County Lizard Legion? Or am I mis-understanding your hose's proximity to FLW's Unity Temple?

151 Ward Cleaver  Thu, Jun 26, 2008 8:42:15am

re: #145 madisonsfriend

There was/is a gun ban in DC? So the murders every weekend are by knife? Bow and Arrow?

Spitwad.

152 Honorary Yooper  Thu, Jun 26, 2008 8:42:18am

re: #136 Ward Cleaver

Why would he think that "...drug dealers and gangbangers..." are going to respect a gun ban? Is he just a complete moron?

Yes, I think he is a bit of a moron, but that's my ever-so humble opinion of the dipstick.

153 Catttt  Thu, Jun 26, 2008 8:42:36am

Remember that Senator Obama skated all around this issue, while Senator McCain signed an amicus brief to show what he thought (that the DC law was unconstitutional).

Obama disavows yet another "inartful" statement. Under the bus with that inartful statement, yes?

Although he has been willing to describe his general views on this topic, Obama has sidestepped the question of whether the ban in the nation's capital runs afoul of the Second Amendment.

Asked by ABC News' Charlie Gibson if he considers the D.C. law to be consistent with an individual's right to bear arms at ABC's April 16, 2008, debate in Philadelphia, Obama said, "Well, Charlie, I confess I obviously haven't listened to the briefs and looked at all the evidence." [DUH]

Sen. John McCain, R-Ariz., by contrast, has been forthcoming when it comes to the D.C. gun law. He signed an amicus brief in the District of Columbia v. Heller case, signaling not only his belief in the Second Amendment but also his view that the DC gun ban is incompatible with it.

154 Diamond Bullet  Thu, Jun 26, 2008 8:42:59am

Is this also another opportunity for many of our precious liberals to make good on their "threat" and finally move to Canada?

Please?

155 Ward Cleaver  Thu, Jun 26, 2008 8:43:02am

re: #148 The Other Les

He simply believes that he is smarter than the rest of us.

This belief has no basis in reality.

But they let the aldermen own guns? I'd be worried.

156 Honorary Yooper  Thu, Jun 26, 2008 8:43:12am

re: #141 ploome hineni

Nothing wrong with the Church, just a lot wrong with Pfleger. I will cheer the day he gets defrocked for his liberation theology.

157 lawhawk  Thu, Jun 26, 2008 8:43:15am

re: #121 turn

It wouldn't be the first time that an important case turned on a 5-4 decision (Bush v. Gore comes to mind), but in some instances, the Court sought unanimous ruling to make a clear point (Brown v. Board of Education comes to mind).

158 MandyManners  Thu, Jun 26, 2008 8:43:15am

re: #82 buzzsawmonkey

Votes on the Supreme Court, like votes in the rest of the government, are bargained over.

I find myself wondering whether a vote was brokered, giving a majority in the child-rape-penalty-ban in exchange for a majority on this case. If so, the Constitution, and the nation, are clear winners on two counts.

First, the death penalty for anything is rarely sought, rarely sentenced, and even more rarely carried out--often at a great remove of time from when the sentence was pronounced. Thus, while it is an outrage for the Court to buy into the notion that the death penalty is per se unconstitutionally cruel and unusual, the actual loss to law enforcement and to the nation is minimal--far less damage than the gutting of the Second Amendment would be.

Second, not only have Second Amendment rights been resoundingly upheld--and cleared up, linguistically speaking--but the countervailing arguments have been gutted. One has to wonder, again, whether the dissents which Scalia ridicules were produced under a consent arrangement--because they provide a point-by-point statement of the anti-gun rights position, which Scalia proceeds to demolish. It is far better that these points be raised in a dissent and then demolished by the majority opinion than that they be rhetorically raised and answered only in the majoriity opinion, where they can be misquoted.

I'm not sure if I like the notion of a quid pro quo. Nevertheless, you are spot on with your analysis that this decision is far more important than the one from yesterday.

159 Cartman  Thu, Jun 26, 2008 8:43:27am

re: #133 Kalak

You need a wheel for the front of that.

(They're too nose-heavy, I think.) :)

Not to bad, really. I added a forend grip, 3-point sling and Magpul stock, so I'm good to go.

160 Dar ul Harb  Thu, Jun 26, 2008 8:43:34am

re: #147 Ward Cleaver

What, have they got a force field around the property?

No strong or weak nuclear forces, please!

161 Silhouette  Thu, Jun 26, 2008 8:43:38am

re: #145 madisonsfriend

There was/is a gun ban in DC? So the murders every weekend are by knife? Bow and Arrow?

For some strange reason, the criminals didn't obey the law. Only law-abiding people did. No one knows why.

162 BeerDrinking_VictoryMonkey  Thu, Jun 26, 2008 8:43:40am

Perhaps the dissenting Justices felt that the right to "bear arms" meant the right to wear a tank-top?

163 Iron Fist  Thu, Jun 26, 2008 8:43:48am

re: #136 Ward Cleaver

Why would he think that "...drug dealers and gangbangers..." are going to respect a gun ban? Is he just a complete moron?


Yes.

164 buzzsawmonkey[deleted]  Thu, Jun 26, 2008 8:43:54am
165 Oh no...Sand People!  Thu, Jun 26, 2008 8:44:18am

re: #137 stanlef

Well....We are not "subjects" or "serfs" yet....Reid and Pelosi must both be fuming.

/or is that seething?

Seething. I bet my gun on it.

166 MandyManners  Thu, Jun 26, 2008 8:44:27am

Seventy posts in 11 minutes. Wow.

167 Ward Cleaver  Thu, Jun 26, 2008 8:44:31am

re: #156 Honorary Yooper

Nothing wrong with the Church, just a lot wrong with Pfleger. I will cheer the day he gets defrocked for his liberation theology.

I was disappointed that he didn't get a bitch-slap from Cardinal George.

168 lawhawk  Thu, Jun 26, 2008 8:44:42am

re: #164 buzzsawmonkey

I love reminding "nuclear-free zone" people that if they have a smoke detector on the premises they are not "nuclear free," since all smoke detectors contain nuclear waste.

Their confusion is enjoyable.

*glowing* praise my friend.

169 Ward Cleaver  Thu, Jun 26, 2008 8:45:07am

re: #166 MandyManners

Seventy posts in 11 minutes. Wow.

Ain't it sweet? It's like the lounge.

170 Silhouette  Thu, Jun 26, 2008 8:45:19am

re: #166 MandyManners

Seventy posts in 11 minutes. Wow.

It's a free fire zone.

171 unclassifiable  Thu, Jun 26, 2008 8:45:22am

BHO

"That's not the 2nd Amendment I know."

Barry,

Here's the deal.

There is a country in Africa so f'ed up that no matter what you do you can't possibly screw it up any worse than it is already. How about you and GW get together to get the present freedom fighter clown in charge out and then you can try out all those really cool ideas you have before you foist them on us. That will get you a little training before you hit the big leagues back in the States.

/just a thought

172 MandyManners  Thu, Jun 26, 2008 8:45:27am

re: #89 vagabond trader

lie and deny, not necessarily in that order. Seems to be one of his few talents.

You forgot "obfuscate".

173 Honorary Yooper  Thu, Jun 26, 2008 8:45:38am

re: #167 Ward Cleaver

I was disappointed that he didn't get a bitch-slap from Cardinal George.

As was I. Hopefully Pope Benedict XVI will remedy the situation. He really does not like liberation theologians like Pfleger.

174 Pawn of the Oppressor  Thu, Jun 26, 2008 8:45:40am

Thank G-d.

Too bad they didn't chip away at the limitations BS... It would be nice to see another "assault weapons" ninny law rendered unconstitutional.

Of course the news article has to put the usual closers on there... Bush Administration, America awash in guns, somebody got shot just yesterday, et cetera.

Eighty million gun owners killed nobody yesterday, but that's not news.

175 jenv  Thu, Jun 26, 2008 8:45:43am

The decision still has serious problems, since the majority didn't take its reasoning to its logical conclusion. In particular, support for restrictions at point of purchase was upheld, as were carry restrictions, leading to the inescapable conclusion that DC and Chicago will change tactics. Instead of banning possession and ownership of guns, they will implement purchase and carry restrictions that effect the same purpose: prevent ordinary citizens (but not the politically connected) from owning guns.

176 MandyManners  Thu, Jun 26, 2008 8:46:03am

re: #92 freedombilly

I just tell them that I fundraised for Marion Barry and they escort me where I'm going!

LOL!

177 madisonsfriend  Thu, Jun 26, 2008 8:46:11am

re: #149 Sharmuta

Gun bans do nothing but impose insecurity on law abiding citizens.

If you want to reduce crime- increase guns in the hands of law abiding Americans. DC needs a conceal and carry law- then you'll see crime in DC go down.

To be honest, a lot of the killings are between(among) people who already have guns- or spitwads. I really didn't know the laws in DC- but I vanpooled years ago with a guy who was bringing a gun to sell in DC to a co-worker(he had it in a paper bag). maybe it wasn't illegal 20 years ago?

178 Cygnus  Thu, Jun 26, 2008 8:46:16am

re: #111 Silhouette

Why do I hear Handel's Messiah chorus, and see flying pigs?

The Supreme Court actually (gasp) defends the words of the Constitution?!

Now if the flying pigs were actually singing the 'Hallelujah Chorus', that would be something. Oh yeah, and the cows jumping over the moon would be the orchestra!

179 dotnetjunkie  Thu, Jun 26, 2008 8:46:18am

picking up my new M&P compact 9 tonite, my XD45
needed a little brother...

180 Happy Fun Ball  Thu, Jun 26, 2008 8:46:29am

Just think... If Kerry had won, this would have been a 7-2 or 6-3 decision upholding the ban. This is why we cannot allow Obama anywhere near the White House, except maybe as part of a tour group.

181 Golem Akbar  Thu, Jun 26, 2008 8:46:45am

re: #147 Ward Cleaver

What, have they got a force field around the property?


Zombie can also tell you that the City of Berkeley is a Nuclear Free Zone. It's also home to the Lawrence-Berkeley Lab.

If Oak Park has a nuclear lab within its city limits, then both it and Berkeley are on par. If not, then I contend that Berkeley wins the moonbat contest.

182 MandyManners  Thu, Jun 26, 2008 8:46:46am

re: #95 rcris5

An armed sorority is a kick-ass sorority...

My DE .44 matches all of my cashmere twin-sets.

183 BeerDrinking_VictoryMonkey  Thu, Jun 26, 2008 8:47:10am

re: #150 Conservative in Liberal Hands

DB_VM,
Are you part of the underground Crook County Lizard Legion? Or am I
mis-understanding your hose's proximity to FLW's Unity Temple?

I meant to say "house" of course. I don't even own a hose. I'm in Philly, smack dab in the middle of the most moonbatty neighborhood in the city.

184 Dar ul Harb  Thu, Jun 26, 2008 8:47:26am

Heller, footnote 14, at 18:

14
Faced with this clear historical usage, JUSTICE STEVENS resorts to
the bizarre argument that because the word “to” is not included before
“bear” (whereas it is included before “petition” in the First Amend-
ment), the unitary meaning of “to keep and bear” is established. Post,
at 16, n. 13. We have never heard of the proposition that omitting
repetition of the “to” causes two verbs with different meanings to
become one. A promise “to support and to defend the Constitution of
the United States” is not a whit different from a promise "to support and defend the Constitution of the United States.”

Thwack!

185 Ward Cleaver  Thu, Jun 26, 2008 8:47:32am

re: #177 madisonsfriend

To be honest, a lot of the killings are between(among) people who already have guns- or spitwads. I really didn't know the laws in DC- but I vanpooled years ago with a guy who was bringing a gun to sell in DC to a co-worker(he had it in a paper bag). maybe it wasn't illegal 20 years ago?

Their gun ban dated to 1976, so yes, it was illegal then.

186 Honorary Yooper  Thu, Jun 26, 2008 8:47:50am

re: #181 Golem Akbar

Zombie can also tell you that the City of Berkeley is a Nuclear Free Zone. It's also home to the Lawrence-Berkeley Lab.

If Oak Park has a nuclear lab within its city limits, then both it and Berkeley are on par. If not, then I contend that Berkeley wins the moonbat contest.

I think Berkeley wins the contest as I don't think Oak Park has a nuclear lab within its city limits.

187 freetoken  Thu, Jun 26, 2008 8:47:51am

Volokh (whose site is being slammed right now) is now discussing the issue of how the ruling will apply to State and local laws. Look for more legal cases!

188 Conservative in Liberal Hands  Thu, Jun 26, 2008 8:48:10am

re: #156 Honorary Yooper

First, thanks for the head's up 'bout the apparently unconstitutional handgun bans. Second, my guess is that his superior (Francis Cardinal George, O.M.I., Archbishop of Chicago) will direct him to take up residence in a cloistered place of contemplation and prayer and replace him, rather than defrock the flagrant POS.

189 vxbush  Thu, Jun 26, 2008 8:48:19am

Man. Scalia just keeps ripping into Stevens on just about every page. He seems to be saying, in essence, that Stevens is a complete idiot and knows nothing about the law.

Amazing.

190 Ward Cleaver  Thu, Jun 26, 2008 8:48:20am

re: #181 Golem Akbar

Zombie can also tell you that the City of Berkeley is a Nuclear Free Zone. It's also home to the Lawrence-Berkeley Lab.

If Oak Park has a nuclear lab within its city limits, then both it and Berkeley are on par. If not, then I contend that Berkeley wins the moonbat contest.

"Shields up, Mister Sulu!"

191 Kaitian868  Thu, Jun 26, 2008 8:48:21am

re: #142 vxbush

It's pretty obvious reading Scalia's text that he (and his aides) really did their homework. His piece-by-piece reading of the amendment is really great, and should be required homework for any future lawyer or jurist.

It also makes it clear the vacuousness of Stevens' arguments. He just blows huge, gaping holes in them.

Scalia likes to bitch alot when it comes to dissenting opinions because man, the dude talks. I would say he's the greatest justice of our time and liberals got to recognize that. He has a great love of the law. Even in the Giles case yesterday, yes, it's a bit screwed up in a sense but Scalia did what the Constitution meant it says. The dissenting 4 justices in this case, I don't know what the hell is going through their mind. The bill of rights was specifically designed for the common people, not the government.

192 saberry0530  Thu, Jun 26, 2008 8:48:26am

re: #68 blueroom127

Obama: 5 Supreme Court Judges are just bitter and clingy.

Better....

193 Power Armored Lizardoid  Thu, Jun 26, 2008 8:48:26am

Owning guns and other weapons to protect myself and my loved ones is a God-given right, it is not granted us by the SCOTUS.

194 alegrias  Thu, Jun 26, 2008 8:48:28am

re: #131 vagabond trader

Was trying to be polite and reasonably intelligent. My first thought in describing him is actually traitorous azzhole.


* * *
Ditto! You were way too kind describing the radical leftist.

There is no comparison between real Engineers and Social engineers--probably just socialists degreed in marxist math & political "science" which boils down to 7th century grudges & jealousy of the "other", and the only solution is always totalitarian re-distribution by force.

195 Golem Akbar  Thu, Jun 26, 2008 8:48:36am

re: #164 buzzsawmonkey

I love reminding "nuclear-free zone" people that if they have a smoke detector on the premises they are not "nuclear free," since all smoke detectors contain nuclear waste.

Their confusion is enjoyable.


You forgot to mention that Big Smoke Dectors are ripping us off. [love moonbat logic]

196 Cartman  Thu, Jun 26, 2008 8:48:44am

Remember, folks - this ruling does not preclude a Demoncrat-controlled legislature from introducing restriction and ban nonsense on the floor. If BO gets in, look for other subversive attempts to limit your 2A rights - ammo and platform restrictions, etc. The ubers know that there's more than one way to skin a cat.

197 Cygnus  Thu, Jun 26, 2008 8:48:48am

re: #122 ROPMA

reposted

How burglery encounters should end.

Yesssssss! You go, girl!
/and I can upding only once - crap!

198 bosforus  Thu, Jun 26, 2008 8:48:52am

No death sentence for child rapists is a fair trade for a ruling with this sort of precedence. In fact, I'd say that "winning" today's decision is even more important than "losing" yesterday's.

199 MajorPribluda  Thu, Jun 26, 2008 8:48:56am

re: #184 Dar ul Harb

Heller, footnote 14, at 18:


Thwack!

Scalia is shoveling away decades of manure. This decision goes deep.

200 madisonsfriend  Thu, Jun 26, 2008 8:48:57am

re: #183 BeerDrinking_VictoryMonkey

I meant to say "house" of course. I don't even own a hose. I'm in Philly, smack dab in the middle of the most moonbatty neighborhood in the city.

Can you send me a hoagie from Sarcone's and a cone of Bassetts?- I will be ready for lunch in 30 minutes.

Which is the moonbattiest now? West Mount Airy? Center City?

201 BeerDrinking_VictoryMonkey  Thu, Jun 26, 2008 8:49:14am

re: #178 Cygnus

Now
if the flying pigs were actually singing the 'Hallelujah Chorus', that
would be something. Oh yeah, and the cows jumping over the moon would
be the orchestra!

Pigs singing "Hallelujah?" Double-plus offensive to the Religion of Peace!

202 aboo-Hoo-Hoo  Thu, Jun 26, 2008 8:49:36am

...and in Kozlunia

The 2nd is not for home defense (0+ / 0-)

The 2nd Amendment does not protect only in the case of home defense, nor, as is commonly claimed, guns used for hunting. In fact, the only thing the 2nd Amendment specifically mentions is war. A sidearm is perfectly useful in combat.

What the 2nd Amendment leaves open is the nature of the enemy. Is it a foreign invader, or our own government gone wrong? Or both, of course.

brother...

203 Ward Cleaver  Thu, Jun 26, 2008 8:49:36am

re: #193 Power Armored Lizardoid

Owning guns and other weapons to protect myself and my loved ones is a God-given right, it is not granted us by the SCOTUS.

Well, sometimes SCOTUS thinks they are God.

204 Silhouette  Thu, Jun 26, 2008 8:49:47am

Fun with "Finding the bias":

Fourth paragraph:

The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia.

But the headline and first paragraph

The Supreme Court ruled Thursday that Americans have a right to own guns for self-defense and hunting

The buried reason is the correct one, which is "I don't have to justify my gun."

205 TimeQuake  Thu, Jun 26, 2008 8:50:16am

Charles and Cartman,

Thank you again for your help. I downloaded a number of things, Adobe Flash, Real Player, a new version of Java and something else. But until I downloaded Shockwave, LGF wouldn't work. With that download, everything is working like it should.

As for the SC decision, too close for comfort, but obviously the right call.

Yippee.

206 Conservative in Liberal Hands  Thu, Jun 26, 2008 8:50:34am

re: #183 BeerDrinking_VictoryMonkey

Believe me, I know what you mean. Keep the Faith!

207 turn  Thu, Jun 26, 2008 8:50:38am

re: #157 lawhawk

It wouldn't be the first time that an important case turned on a 5-4 decision (Bush v. Gore comes to mind), but in some instances, the Court sought unanimous ruling to make a clear point (Brown v. Board of Education comes to mind).


I've been reading some of your and other's comments upthread and am enlightened to find out the close call could be a good thing in that it lays a solid foundation to refute future arguments to the contrary. I'll check out your blog for more info - thanks.

208 Golem Akbar  Thu, Jun 26, 2008 8:50:46am

re: #186 Honorary Yooper

I think Berkeley wins the contest as I don't think Oak Park has a nuclear lab within its city limits.

I have pointed this out to Berkeley residents, who really don't appreciate the obvious-ness of their lunacy.

The city does have some nice micro-breweries, however.

209 Power Armored Lizardoid  Thu, Jun 26, 2008 8:50:55am

re: #203 Ward Cleaver

Indeed.

/Teal'c

210 Dar ul Harb  Thu, Jun 26, 2008 8:50:56am

re: #164 buzzsawmonkey

I love reminding "nuclear-free zone" people that if they have a smoke detector on the premises they are not "nuclear free," since all smoke detectors contain nuclear waste.

New U-U hymn:

Americium, Americium, Goddess shed thy alpha particles on me...

(I can laugh, as I'm a U-U.)

211 MajorPribluda  Thu, Jun 26, 2008 8:51:08am

re: #204 Silhouette

The buried reason is the correct one, which is "I don't have to justify my gun."

DING!

212 Ward Cleaver  Thu, Jun 26, 2008 8:51:16am

re: #202 aboo-Hoo-Hoo

...and in Kozlunia

brother...

"A sidearm is perfectly useful in combat."

Maybe when the enemy is always ten feet away.

They are morons.

213 vxbush  Thu, Jun 26, 2008 8:51:22am

re: #191 Kaitian868

Scalia likes to bitch alot when it comes to dissenting opinions because man, the dude talks. I would say he's the greatest justice of our time and liberals got to recognize that. He has a great love of the law. Even in the Giles case yesterday, yes, it's a bit screwed up in a sense but Scalia did what the Constitution meant it says. The dissenting 4 justices in this case, I don't know what the hell is going through their mind. The bill of rights was specifically designed for the common people, not the government.

Yes, but he has citations for everything. And not just one, but usually four or five. It's just stunning the depth of the research and the clear incisive work that went into this.

Kudos to his team. They did a great job.

214 Cartman  Thu, Jun 26, 2008 8:51:47am

re: #189 vxbush

Man. Scalia just keeps ripping into Stevens on just about every page. He seems to be saying, in essence, that Stevens is a complete idiot and knows nothing about the law.

Amazing.

He is, and it's nice to see a colleague call him on it.

215 kevrobin45  Thu, Jun 26, 2008 8:52:02am

My problem is with it being a 5-4 ruling instead of 9-0.......

Our founding fathers wrote it in very plain English!

216 Ojoe  Thu, Jun 26, 2008 8:52:04am

It is nice that they said I could do something that I would do anyway

217 Bubblehead II  Thu, Jun 26, 2008 8:52:16am

re: #122 ROPMA

ROTFLMAO!

218 fatboy02  Thu, Jun 26, 2008 8:52:30am

4 of the 9 justices cannot either read, or comprehend the meaning of the words "shall not be infringed" Some of the dissent statements are real gems.

John Paul Stevens wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons." He said such evidence "is nowhere to be found."
(if you don't read or comprehend it)

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."

In his view?

He should be interpreting law based on the constitution not "his view"

I think it's time the Supreme Court be reduced to 5 members. The ones that can actually have reading comprehension levels above that of a monkey. Any guess which 5 would pass

219 Ward Cleaver  Thu, Jun 26, 2008 8:52:37am

re: #214 Cartman

He is, and it's nice to see a colleague call him on it.

Wasn't it Ford that appointed Stevens?

220 opnion  Thu, Jun 26, 2008 8:52:48am

re: #141 ploome hineni
Father Pfleger has been a profile in lunacy since the jump.
He screams about liquor advertising in his neighborhood.
At a rally in front of a gun shop with Jessie Jackson, he suggested that the crowd, "off" the shop owner.
He is constantly effecting "Black" dialect & sounds like an ass.
His promise to be political from the pulpit should effect tax status, but won't.
Cardinal George , who keeps enabling this clown is the same guy who mocked detractors of sexually abusive priests.

221 freetoken  Thu, Jun 26, 2008 8:52:49am

OT: Over on bloggingheads, Bob Barr speaks with Jane Hamsher about being the "third man".

222 Pawn of the Oppressor  Thu, Jun 26, 2008 8:52:55am

re: #215 kevrobin45

My problem is with it being a 5-4 ruling instead of 9-0.......

Our founding fathers wrote it in very plain English!

Silly establishment type with your "plain english" and "facts". The Constitution is a living document, man! It's all relative! Consider the context!

/

223 Kaitian868  Thu, Jun 26, 2008 8:53:07am

re: #215 kevrobin45

My problem is with it being a 5-4 ruling instead of 9-0.......

Our founding fathers wrote it in very plain English!

Because the 4 justices are trying to exercise common law judgment, not interpretation.

224 Catttt  Thu, Jun 26, 2008 8:53:08am

re: #189 vxbush

Man. Scalia just keeps ripping into Stevens on just about every page. He seems to be saying, in essence, that Stevens is a complete idiot and knows nothing about the law.

Amazing.

Hee hee hee. SMILE.

225 Silhouette  Thu, Jun 26, 2008 8:53:26am

re: #193 Power Armored Lizardoid

Owning guns and other weapons to protect myself and my loved ones is a God-given right, it is not granted us by the SCOTUS.

Indeed. The 2nd doesn't "give" us the right. The 2nd tells the government that our right shall not be infringed.

(See also, all other rights.)

226 BeerDrinking_VictoryMonkey  Thu, Jun 26, 2008 8:53:26am

re: #200 madisonsfriend

Can you send me a hoagie from Sarcone's and a cone of Bassetts?- I will be ready for lunch in 30 minutes.

Which is the moonbattiest now? West Mount Airy? Center City?

West Mount Airy still takes the cake. I wait for the train to take me home & I can just tell that the weirdest looking (and smelling) person on the station will be boarding my train. Center City may be filled with liberals, but at least they groom themselves properly. Art school punks notwithstanding.

227 Happy Fun Ball  Thu, Jun 26, 2008 8:54:17am

re: #209 Power Armored Lizardoid

Indeed.

/Teal'c

Heh, someone else is a SG-1 fan.

228 CIA Reject  Thu, Jun 26, 2008 8:54:19am

re: #143 BeerDrinking_VictoryMonkey


Mayor Richard M. Daley is a staunch supporter of gun control, and says the recent police shootings – all of which allegedly involved offenders who aimed guns at officers – are the direct result of having too many guns on the street.

Um, isn't that pretty much what happens when there's a shooting of any type - most shootings involve guns.

Not including acts of war, the worst mass murder in the history of New York State was committed with a can of gasoline and a cigarette lighter. I'm still waiting for gasoline and cigarette lighter control laws, after all it's for the children, right?

229 kevrobin45  Thu, Jun 26, 2008 8:56:17am

re: #14 littleoldlady

re: #3 bosforus

Exactly so of [G-d forbid!] somebody even tried to hurt my child.


At least you won't be breaking the law.....

230 Ringo the Gringo  Thu, Jun 26, 2008 8:56:22am
The landmark 5-4 ruling

In other words: One Omama appointment to the court would have turned this whole thing the other way.

Another big reason to vote for McCain.

231 Libs are Mental  Thu, Jun 26, 2008 8:56:44am

Just heard on Fox News (I think) that the NRA will be filing lawsuits against Chicago and other cities for their un-constitutional laws.

232 realwest  Thu, Jun 26, 2008 8:57:01am

WOW - I was so busy trying to read the actual court decision and responding to folks on the prior thread that I missed a new thread being put up until it was over 200 comments!

Today was a victory for America. Our precious Constitution has been upheld. That it had to come to the U.S. Supreme Court to read the non-ambivilent language of the Second Amendment should be a mark of shame for all those who dissented in this case.

233 lance o lot  Thu, Jun 26, 2008 8:57:03am

WoooooWhooooooo!

I can't wait to get off from work so that I can rip off a thirty-round burst in celebration!

Finally the SCOTUS gets one right.

234 Kaitian868  Thu, Jun 26, 2008 8:57:06am

re: #231 Libs are Mental

Just heard on Fox News (I think) that the NRA will be filing lawsuits against Chicago and other cities for their un-constitutional laws.

Good.

235 Diamond Bullet  Thu, Jun 26, 2008 8:57:12am

I'm starting to wonder whether this decision could destroy Stevens' reputation for all time. Scalia beats him like a drum for about 30 pages. There's a section from about page 13-16 that can be neatly summarized as "Justice Stevens is an idiot."

Heck, there's a paragraph on page 13 where Scalia calls one of Stevens' inane arguments "Grotesque."

Literally one word:

Grotesque.

236 Kenneth  Thu, Jun 26, 2008 8:57:22am

On a list of things you just don't ever want to see, a sex-tape of Verne "Mini-Me" Troyer has got to be near the top...

237 Cartman  Thu, Jun 26, 2008 8:57:36am

re: #223 Kaitian868

Because the 4 justices are trying to exercise common law judgment, not interpretation.

The four justices in question are hell-bent on limiting the freedoms of all Americans. They've demonstrated this time and time again, and it's a mindset prevalent in both their majority opinions as well as their minority dissent. They aim to shape America in the image and likeness of their world-view.

238 Power Armored Lizardoid  Thu, Jun 26, 2008 8:58:02am

I may have to celebrate this by picking up a little S&W revolver like my brother recently got. Light, concealable, capable of shooting either .38 or .357 and a built in laser designator, what's not to like?

Think I'll finally get my concealed carry license too...heh.

Oh, and who was the first Lib to react to this decision by saying "There will be blood in the streets!" ? If no Libs have said it yet...they will.

239 BeerDrinking_VictoryMonkey  Thu, Jun 26, 2008 8:58:34am

re: #236 Kenneth

On a list of things you just don't ever want to see, a sex-tape of Verne "Mini-Me" Troyer has got to be near the top...

I'm so glad that page was blocked.

240 MajorPribluda  Thu, Jun 26, 2008 8:58:43am

re: #210 Dar ul Harb

Question, Mr. Lawyer-person:

Why is it that the phrase "Congress shall make no law" is held (apparently) to extend a prohibition to the respective States, but the phrase "the right of the people... shall not be infringed. [Period]" is sharply limited to restrict the Federal government only?

I realize that this all just got a big dose of straightening out, but are you familiar with that seeming incongruity?

241 Ojoe  Thu, Jun 26, 2008 8:58:44am

re: #225 Silhouette

Indeed. The 2nd doesn't "give" us the right. The 2nd tells the government that our right shall not be infringed.

(See also, all other rights.)

I would ding that up many times

242 Fat Jolly Penguin  Thu, Jun 26, 2008 8:58:54am

re: #227 Happy Fun Ball

Heh, someone else is a SG-1 fan.

Makes at least 3 of us.

243 Dianna  Thu, Jun 26, 2008 8:59:15am

Woo-hoo!

What a great thing to see first thing in the morning!

Woo-hoo!

My Kimber and I will be celebrating this weekend!

244 Ojoe  Thu, Jun 26, 2008 8:59:37am

re: #241 Ojoe

Oops. double post. Sorry.

245 ROPMA  Thu, Jun 26, 2008 9:00:03am

a history of gun control

Date: Feb 5, 2008 8:59 AM
A Little Gun History Lesson. In 1929, the Soviet Union
> established gun control. From 1929 to 1953, about 20 million
> dissidents, unable to defend themselves, were rounded up and
> exterminated.
> -----------------------
>
> In 1911, Turkey established gun control. From 1915 to 1917,
> 1.5 million Armenians, unable to defend themselves, were rounded
> up and exterminated.
> -----------------------
>
> Germany established gun control in 1938 and from 1939 to 1945,
> a total of 13 million Jews and others who were unable to defend
> themselves were rounded up and exterminated
> -----------------------
>
> China established gun control in 1935. >From 1948 to 1952, 20
> million political dissidents, unable to defend themselves, were
> rounded up and
> exterminated.
> -----------------------
>
> Guatemala established gun control in 1964. From 1964 to 1981,
> 100,000 Mayan Indians, unable to defend themselves, were rounded
> up and exterminated.
> -----------------------
> Uganda established gun control in 1970. From 1971 to 1979,
> 300,000 Christians, unable to defend themselves, were rounded up
> and exterminated.
> ----------------------- Cambodia established gun control in
> 1956. From 1975 to 1977, one million 'educated' people, unable to
> defend themselves, were rounded up and exterminated.
> -----------------------
> Defenseless people rounded up and exterminated in the 20th
> Century because of gun control: 56 million.
> -----------------------

246 FrogMarch  Thu, Jun 26, 2008 9:00:34am

5-4 vote? life is getting scary in America. One more Ruth Bater on the court and we are screwed.

247 angst  Thu, Jun 26, 2008 9:00:44am

re: #153 Catttt

Remember that Senator Obama skated all around this issue, while Senator McCain signed an amicus brief to show what he thought (that the DC law was unconstitutional).

Obama disavows yet another "inartful" statement. Under the bus with that inartful statement, yes?

Here's McCain's full statement. He doesn't pull punches regarding Obama's weakness on the issue (from Michelle Malkin):

U.S. Senator John McCain today issued the following statement regarding today’s United States Supreme Court ruling on District of Columbia v. Heller:
Today’s decision is a landmark victory for Second Amendment freedom in the United States. For this first time in the history of our Republic, the U.S. Supreme Court affirmed that the Second Amendment right to keep and bear arms was and is an individual right as intended by our Founding Fathers. I applaud this decision as well as the overturning of the District of Columbia’s ban on handguns and limitations on the ability to use firearms for self-defense.
Unlike Senator Obama, who refused to join me in signing a bipartisan amicus brief, I was pleased to express my support and call for the ruling issued today. Today’s ruling in District of Columbia v. Heller makes clear that other municipalities like Chicago that have banned handguns have infringed on the constitutional rights of Americans. Unlike the elitist view that believes Americans cling to guns out of bitterness, today’s ruling recognizes that gun ownership is a fundamental right — sacred, just as the right to free speech and assembly.
This ruling does not mark the end of our struggle against those who seek to limit the rights of law-abiding citizens. We must always remain vigilant in defense of our freedoms. But today, the Supreme Court ended forever the specious argument that the Second Amendment did not confer an individual right to keep and bear arms.
248 Catttt  Thu, Jun 26, 2008 9:00:46am

re: #226 BeerDrinking_VictoryMonkey

West Mount Airy still takes the cake. I wait for the train to take me home & I can just tell that the weirdest looking (and smelling) person on the station will be boarding my train. Center City may be filled with liberals, but at least they groom themselves properly. Art school punks notwithstanding.

oh - WEST Mount Airy. I thought you meant Mount Airy (MD).

249 ROPMA  Thu, Jun 26, 2008 9:00:58am

history of gun control cont

> It has now been a couple years since gun owners in Australia
> were forced by new law to surrender 640,381 personal firearms to
> be destroyed by their own government, a program costing Australia
> t axpayers more than $500 million dollars. The first year results
> are now in:
>
> Australia-wide, homicides are up 3.2 percent
>
> Australia-wide, assaults are up 8.6 percent
>
> Australia-wide, armed robberies are up 44 percent (yes, 44
> percent)!
>
> In the state of Victoria alone, homicides with firearms are
> now up 300 percent Note that while the law-abiding citizens
> turned them in, the criminals did not, and criminals still possess
> their guns!
>
> It will never happen here? I bet the Aussies said that too!
>
> While figures over the previous 25 years showed a steady
> decrease in armed robbery with firearms, this has changed
> drastically upward in the past 12 months, since criminals now are
> guaranteed that their prey is unarmed.
>
> There has also been a dramatic increase in break-ins and
> assaults of the ELDERLY.. Australian politicians are at a loss to
> explain how public safety has decreased, after such monumental
> effort and expense was expended in successfully ridding Australian
> society of guns. The Australian experience and the other
> historical facts above prove it.
>
> You won't see this data on the US evening news, or hear
> politicians disseminating this information.
>
> Guns in the hands of honest citizens save lives and property
> and, yes, gun-control laws adversely affect only the law-abiding
> citi zens.
>
> Take note my fellow Americans, before it's too late!
>
> The next time someone talks in favor of gun control, please
> remind him of this history lesson.
>
> With Guns...........We Are "Citizens"
> Without Them.......We Are "Subjects".
>
> During W.W.II the Japanese decided not to invade America
> because they knew most Americans were ARMED!
>
> Note: Admiral Yamamoto who crafted the attack on Peal Harbor
> had attended Harvard U 1919-1921 & was Naval Attaché to the U. S.
> 1925-28. Most of our Navy was destroyed at Pearl Harbor & our Army
> had been deprived of funding & was ill prepared to defend the
> country It was reported that when asked why Japan did not follow
> up the Pearl Harbor attack with an invasion of the U. S. Mainland,
> his reply was that he had lived in the U. S. & knew that almost
> all households had guns.
>
> If you value your freedom, please spread this anti-gun control

250 Power Armored Lizardoid  Thu, Jun 26, 2008 9:01:03am

re: #227 Happy Fun Ball

I am also a fan of the Happy Fun Ball...but I know not to taunt it!
And yes, Teal'c is da man!

251 Cygnus  Thu, Jun 26, 2008 9:01:32am

re: #201 BeerDrinking_VictoryMonkey

Pigs singing "Hallelujah?" Double-plus offensive to the Religion of Peace!

And they're very happy about that.

252 Cartman  Thu, Jun 26, 2008 9:01:42am

re: #238 Power Armored Lizardoid

Just a friendly suggestion - you will not like .357 very much out of a snubby. It's pretty brutal on the palm.

253 beens21  Thu, Jun 26, 2008 9:02:25am

5-4,again Kennedy is the swing vote.The law from now on is what he thinks it is.

254 realwest  Thu, Jun 26, 2008 9:02:41am

re: #235 Diamond Bullet
Indeed and he'll have all summer long to think about how he was spanked, in public, in this decision.
It is true that in the history of SCOTUS, no matter what the issue or how emotionally charged the issue in question was, the Justices always try to be at least polite to each other in public (i.e., the published rulings).
That Scalia felt it necessary to spank the dissent by Stevens is indicative of just how poorly Scalia thinks Steven's "reason" and understanding is.

255 Jinx  Thu, Jun 26, 2008 9:03:55am

re: #40 Golem Akbar

Too many 5-4 decisions.
To all "conservatives" on the fence about McCain, think for a minute. He has vowed to put strict constructionists on the court. Obama will appoint only liberals to the court. Is this clear?

The problem is believing McCain. He's in the midst of a political battle and he is a politician. He can say anything he wants, but the proof is in the pudding. I know Obama will screw the US over, but McCain just might put in more Kennedys. What good would that do?

256 Cygnus  Thu, Jun 26, 2008 9:04:19am

re: #226 BeerDrinking_VictoryMonkey

West Mount Airy still takes the cake. I wait for the train to take me home & I can just tell that the weirdest looking (and smelling) person on the station will be boarding my train. Center City may be filled with liberals, but at least they groom themselves properly. Art school punks notwithstanding.

They get groomed at Petco.

257 Ojoe  Thu, Jun 26, 2008 9:04:35am

re: #247 angst

McCain gets a dig in by using the words cling and bitterness. Way to go John.

Unlike the elitist view that believes Americans cling to guns out of bitterness, today’s ruling recognizes that gun ownership is a fundamental right — sacred, just as the right to free speech and assembly.

258 MrC_5150  Thu, Jun 26, 2008 9:04:38am

re: #124 Cartman

My new Sig 556 cleared NICS yesterday afternoon. Time to slap on an ACOG and go to the outdoor range and celebrate!

Sweet firearm! I just might reconsider the Bushmaster I have my eyes on and go with the SIG. A nice complement to my P226 and P229 pistols.

259 BeerDrinking_VictoryMonkey  Thu, Jun 26, 2008 9:04:44am

Time for the me to go to lunch. BBL

260 jcm  Thu, Jun 26, 2008 9:04:58am

From my inbox:

Letter from one 'Angry Woman'

I don't know who wrote it but She should have signed it. Some powerful words. This woman should run for president regardless of being a Democrat, Republican or Independent.

Written by a housewife from New Jersey and sounds like it! This is one ticked off lady. It's too bad that more Americans don't express themselves as she does.

Are we fighting a war on terror or aren't we? Was it or was it not started by Islamic people who brought it to our shores on September 11, 2001?

Were people from all over the world, mostly Americans, not brutally murdered that day, in downtown Manhattan , across the Potomac from our nation's capitol and in a field in Pennsylvania ?

Did nearly three thousand men, women and children die a horrible, burning or crushing death that day, or didn't they?

And I'm supposed to care that a copy of the Koran was 'desecrated' when an overworked American soldier kicked it or got it wet?...Well, I don't. I don't care at all.

I'll start caring when Osama bin Laden turns himself in and repents for incinerating all those innocent people on 9/11.

I'll care about the Koran when the fanatics in the Middle East start caring about the Holy Bible, the mere possession of which is a crime in Saudi Arabia

I'll care when these thugs tell the world they are sorry for chopping off Nick Berg's head while Berg screamed through his gurgling slashed throat.

I'll care when the cowardly so-called 'insurgents' in Iraq come out and fight like men instead of disrespecting their own religion by hiding in mosques.

I'll care when the mindless zealots who blow themselves up in search of nirvana care about the innocent children within range of their suicide.

I'll care when the American media stops pretending that their First Amendment liberties are somehow derived from international law instead of the United States Constitution's Bill of Rights.

[cont]

261 Cartman  Thu, Jun 26, 2008 9:05:12am

re: #254 realwest

I am guessing Scalia might even be embarrassed to serve with an obviously outclassed fellow jurist.

262 jcm  Thu, Jun 26, 2008 9:05:17am

[cont]

In the meantime, when I hear a story about a brave marine roughing up an Iraqi terrorist to obtain information, know this: I don't care.

When I see a fuzzy photo of a pile of naked Iraqi prisoners who have been humiliated in what amounts to a college-hazing incident, rest assured: I don't care.

When I see a wounded terrorist get shot in the head when he is told not to move because he might be booby-trapped, you can take it to the bank: I don't care.

When I hear that a prisoner, who was issued a Koran and a prayer mat, and fed 'special' food that is paid for by my tax dollars, is complaining that his holy book is being 'mishandled,' you can absolutely believe in your heart of hearts: I don't care.

And oh, by the way, I've noticed that sometimes it's spelled 'Koran' and other times 'Quran.' Well, Jimmy Crack Corn and-you guessed it-I don't care !

If you agree with this viewpoint, pass this on to all your E-mail friends. Sooner or later, it'll get to the people responsible for this ridiculous behavior!

If you don't agree, then by all means hit the delete button. Should you choose the latter, then please don't complain when more atrocities committed by radical Muslims happen here in our great Country! And may I add:

Some people spend an entire lifetime wondering if they made a difference in the world. But, the Marines don't have that problem' -- Ronald Reagan

I have another quote that I would like to add AND.......I hope you forward all this.

If we ever forget that we're One Nation Under God, then we will be a nation gone under.' Also by.. Ronald Reagan

One last thought for the day:

In case we find ourselves starting to believe all the Anti-American sentiment and negativity, we should remember England 's Prime Minister Tony Blair's words during a recent interview. When asked by one of his Parliament members why he believes so much in America , he said: 'A simple way to take measure of a country is to look at how many want in.. And how many want out.'

Only two defining forces have ever offered to die for you:
1. Jesus Christ
2. The American G. I.

263 alegrias  Thu, Jun 26, 2008 9:05:39am

re: #215 kevrobin45

My problem is with it being a 5-4 ruling instead of 9-0.......

Our founding fathers wrote it in very plain English!

* * *
But but only Verus Possumus & Si Se Puede are spoken in the mainstream old media.

264 Celtic Templar  Thu, Jun 26, 2008 9:06:00am

re: #198 bosforus

Has anyone discussed that yesterday's decision may actually reaffirm the right to use the death penalty by implicitly acknowledging it as a recourse for other crimes? (I haven't read all of the posts and info about it, but from a 10K point of view).

265 Power Armored Lizardoid  Thu, Jun 26, 2008 9:06:18am

re: #252 Cartman

Just a friendly suggestion - you will not like .357 very much out of a snubby. It's pretty brutal on the palm.

Yeah, very true. I would practice with .38 and have .357 for my 'real' ammo. If I have to throw down on someone, I doubt I'll notice the blast, but I will appreciate it's effects...

266 realwest  Thu, Jun 26, 2008 9:06:36am

re: #240 MajorPribluda
Respectfully, it is not an incongruity. The Constitution states that the powers of the Federal Government are enumerated in the Constitution itself and all other powers are reserved to the "States and the people".

267 BignJames  Thu, Jun 26, 2008 9:06:36am

So,5 of 'em can read.

268 BeerDrinking_VictoryMonkey  Thu, Jun 26, 2008 9:06:41am

re: #258 MrC_5150

Sweet firearm! I just might reconsider the Bushmaster I have my eyes on and go with the SIG. A nice complement to my P226 and P229 pistols.

I don't think this is the Bushmaster that you're refering to, is it? I don't think that Heller extends that far!

/really off to lunch now.

269 Dar ul Harb  Thu, Jun 26, 2008 9:06:49am

re: #213 vxbush

Yes, but he has citations for everything. And not just one, but usually four or five. It's just stunning the depth of the research and the clear incisive work that went into this.

Kudos to his team. They did a great job.

Years of research by the legal scholars of the "Standard Model" (and incorporated in the briefs) paved the way for this decision.

Their victory must be especially sweet this morning.

270 DoubleU  Thu, Jun 26, 2008 9:06:50am

IT WILL BE THE WILD WILD WEST I TELL YA!

271 Ojoe  Thu, Jun 26, 2008 9:07:19am

re: #264 Celtic Templar

There have been some posts to that effect but I don't think as a society we want to go there.

272 Clubsec  Thu, Jun 26, 2008 9:08:31am

The shocking issue is the 5 to 4 decision.
Very scary that.

Anyone know if the written opinions are posted anywhere?
Would be curious what the 4 disenters had to say to support their pathetic positions. The one blurb I heard was Stevens(?) saying that the Founding Fathers would want government to have control over public weaponery. What nonsense.
Jefferson believed that every man be armed. The 4 disenters have no clue of what Madison, Mason, Hamilton, Jay and others held as core beliefs.

F*ck it ... McCain08

273 Cartman  Thu, Jun 26, 2008 9:10:10am

re: #258 MrC_5150

Sweet firearm! I just might reconsider the Bushmaster I have my eyes on and go with the SIG. A nice complement to my P226 and P229 pistols.

I've put about 300 rounds through a demo, and it's just a beaut. The trigger is awesome, and the gas operating system makes it feel more like a .22, recoil-wise. If you go for it, you will not be disappointed! Just remember, at 1 in 7 it seems to prefer heavier bullets. I'm going to go with 62 grain. Good luck!

274 Venezuela lover  Thu, Jun 26, 2008 9:10:39am

I am in D.C. right now. Drunken crowds are passing out cigars and shooting off guns everywhere in celebration. And it is not just in the Bureau of Alcohol, Tobacco, and Firearms.

275 Ojoe  Thu, Jun 26, 2008 9:10:56am

'There is simply no comparison at all between a man who is armed and a man who is not armed. ... Why should a man who is wrong, and armed, pay any attention at all to a man who is right, and not armed?"

—Niccolo Machiavelli

276 Diamond Bullet  Thu, Jun 26, 2008 9:11:25am

re: #254 realwest

Indeed and he'll have all summer long to think about how he was spanked, in public, in this decision.
It is true that in the history of SCOTUS, no matter what the issue or how emotionally charged the issue in question was, the Justices always try to be at least polite to each other in public (i.e., the published rulings).
That Scalia felt it necessary to spank the dissent by Stevens is indicative of just how poorly Scalia thinks Steven's "reason" and understanding is.

Exactly. Think back to the 2000 election decision where there was a hubub in the media about how Ginsburg said she "dissented" rather than "respectfully dissented" and how it was a huge breach of the politeness protocol and all that.

Scalia just spent 30+ pages calling Stevens an idiot and effectively questioning his qualifications as a Justice. And I loved every second of it.

277 realwest  Thu, Jun 26, 2008 9:11:29am

re: #247 angst
Yea for Senator McCain for two reasons: One is his well written support of today's decision, the Second is his spanking of Senator Obama who is the Senator from that great state which contains that great City that brought this case about because of it's asinine interpretation of why gun deaths had increased: the criminals who did all of those murders in Chicago did not use registered guns nor were they licensed gun holders.

278 Power Armored Lizardoid  Thu, Jun 26, 2008 9:13:14am

re: #272 Clubsec

... The one blurb I heard was Stevens(?) saying that the Founding Fathers would want government to have control over public weaponery. What nonsense.
Jefferson believed that every man be armed. The 4 disenters have no clue of what Madison, Mason, Hamilton, Jay and others held as core beliefs.

F*ck it ... McCain08

Yeah, right on! Our beloved Government is exactly who the Founding Fathers wanted us, the armed citizenry, to keep an eye (and our gun sights) on. WE are the last check and balance on our government.

279 jcm  Thu, Jun 26, 2008 9:14:11am

re: #273 Cartman

I've put about 300 rounds through a demo, and it's just a beaut. The trigger is awesome, and the gas operating system makes it feel more like a .22, recoil-wise. If you go for it, you will not be disappointed! Just remember, at 1 in 7 it seems to prefer heavier bullets. I'm going to go with 62 grain. Good luck!

I was looking at the SIG556, but decided on 7.62.

280 realwest  Thu, Jun 26, 2008 9:14:26am

re: #261 Cartman
Yeah, I don't think there will be many lunch or dinner dates between 'em! LOL!

281 Liechtentrager  Thu, Jun 26, 2008 9:14:38am

re: #93 IgofAntioch

Actually, from what I've read, the NRA fought tooth and nail to keep this case from coming before the Supreme Court, and only supported it once it was accepted for cert. They have their own agenda (could be, they did not want to get the wrong ruling).

282 Crimsonfisted  Thu, Jun 26, 2008 9:15:19am

re: #262 jcm

[cont]

Only two defining forces have ever offered to die for you:
1. Jesus Christ
2. The American G. I.

Oh MY! That brought chills to my spine and tears to my eyes. I have never thought of them that way.

283 Cartman  Thu, Jun 26, 2008 9:15:32am

re: #280 realwest

Nope!

284 realwest  Thu, Jun 26, 2008 9:16:10am

re: #270 DoubleU
Um, yeah, it'll be the realwest ok - what's your point?
;')

285 jill e  Thu, Jun 26, 2008 9:16:43am

Rush Limbaugh just pointed out that this should be a wake-up call —to think that FOUR Supreme Court justices disagreed that the Second Amendment refers to INDIVIDUAL rights! Swallow hard and vote for McCain.

286 jcm  Thu, Jun 26, 2008 9:17:05am

re: #270 DoubleU

IT WILL BE THE WILD WILD WEST I TELL YA!

How many crimes are committed with legally held firearms?

287 realwest  Thu, Jun 26, 2008 9:17:29am

re: #272 Clubsec
Yes they are posted - go to the last 20 or so posts in the prior thread for links to 'em.

288 FrogMarch  Thu, Jun 26, 2008 9:17:41am

re: #285 jill e

Rush Limbaugh just pointed out that this should be a wake-up call —to think that FOUR Supreme Court justices disagreed that the Second Amendment refers to INDIVIDUAL rights! Swallow hard and vote for McCain.

EXACTLY.

289 Electron Shuffler  Thu, Jun 26, 2008 9:17:47am

Yay!

To paraphrase something I remember:
"This is the difference between two wolves and a sheep arguing about what to have for dinner, and the well armed sheep contesting the decision".

This definitely calls for a some celebratory time with mister Ruger.

290 FamHistoryGuy  Thu, Jun 26, 2008 9:17:47am

re: #62 jill e

If I remember correctly, the problem with the MIller decision was that Miller was found dead in a roadside ditch some time before his appeal was argued and thus he was not properly represented at the hearing.

Evidence concerning the use of short barreled shotguns by the U. S Army in trench warfare in WWI was not introduced into evidence.

Have not had a look at the complete ruling yet but will later. Still room for the crazies of the left to scream and shout. Also, the UN has several anti-gun positions in play.

291 ursa5000  Thu, Jun 26, 2008 9:18:08am

If Comrade Obama is elected Chairman, will we see another 2A case with a different outcome? Most likely. Firearms are useful for self defense and hunting, but the 2A is the Founders gold plated, Constitutional guarantee, to allow citizens to overcome the tyranny of a government that no longer represents the will of the people. No wonder the liberals, the left, almost all Democrats, MoveOn, Comrade Obama. the UN and EU and every despot and dictator on the planet, want to remove firearms from their subjects.

292 MrC_5150  Thu, Jun 26, 2008 9:18:15am

DC Mayor on FNC --- "Supreme Court ruling limited ...semi automatic handguns, generally remain illegal in the District of Coumbia with this ruling..." ----

293 realwest  Thu, Jun 26, 2008 9:18:33am

re: #260 jcm Excellent jcm, just truly excellent. Wish I coulda given that a hundred up-dings!

294 FrogMarch  Thu, Jun 26, 2008 9:18:56am

re: #257 Ojoe

McCain gets a dig in by using the words cling and bitterness. Way to go John.

Go McCain. We must stop the freedom stomping democrat left.

295 Ojoe  Thu, Jun 26, 2008 9:19:36am

re: #294 FrogMarch

We shall.

BBL

296 jcm  Thu, Jun 26, 2008 9:20:08am

re: #292 MrC_5150

DC Mayor on FNC --- "Supreme Court ruling limited ...semi automatic handguns, generally remain illegal in the District of Coumbia with this ruling..." ----

Idiot. Ruling said handguns, keep for home defense are a Constitutional right.

297 Ziggy  Thu, Jun 26, 2008 9:20:13am

re: #135 KennethWhy not?

298 DoubleU  Thu, Jun 26, 2008 9:20:26am

Jeere: #286 jcm

How many crimes are committed with legally held firearms?

I don't know, three?

299 Iron Fist  Thu, Jun 26, 2008 9:20:35am

re: #292 MrC_5150

DC Mayor on FNC --- "Supreme Court ruling limited ...semi automatic handguns, generally remain illegal in the District of Coumbia with this ruling..." ----

,

Time for another case.

300 Kalak  Thu, Jun 26, 2008 9:20:40am

re: #258 MrC_5150

Handle one first. As I said, I found it extremely nose-heavy, I didn't want it after picking one up.

That said, a gas piston is always superior to a dirty direct-impingement AR, but you have choices like a gas-piston AR upper, Daewoo, or tricked-out Saiga 5.56.

Always pick up a rifle before ordering one.

301 ding  Thu, Jun 26, 2008 9:20:52am

5-4 . . . Wake up people!

When I say you can you can take my gun from my cold dead hand, I mean it.

302 debutaunt  Thu, Jun 26, 2008 9:21:08am

re: #59 opnion

Private gun ownership is strictly prohibited in Chicago.
Amazingly, gun violence is at an all time high.
Every time that there is an innocent person killed in a drive by etc.
Richie Daley rushes to a microphone & calls for stricter gun laws.
As I see it, criminals by defintion do not care about laws.
Their profession is actually breakling laws & How do you get more strict than a total ban?

Politicians. They avoid cause and effect.

303 neoconkat  Thu, Jun 26, 2008 9:21:33am

Guess the King of England won't be knocking anytime at my door... wait, suppose now its the "Commission for the Propagation of Virtue and the Prevention of Vice".

Btw, can we declare Charlton Heston a saint yet? It obviously was a miracle what happened in the Supreme Court to get this ruling.

304 Ziggy  Thu, Jun 26, 2008 9:21:47am

re: #135 Kenneth

she's actually a pretty good shot. Don't mess with the lady.

305 Cartman  Thu, Jun 26, 2008 9:22:36am

re: #292 MrC_5150

DC Mayor on FNC --- "Supreme Court ruling limited ...semi automatic handguns, generally remain illegal in the District of Coumbia with this ruling..." ----

They'll never give up.

306 realwest  Thu, Jun 26, 2008 9:22:40am

re: #279 jcm Hey jcm, switching to pistols for a moment, do you have any opinion on the S&W .40 caliber "reduced recoil" handgun?

307 A.W.  Thu, Jun 26, 2008 9:23:55am

I think this works perfectly with the child rape decision. This means that while the government cannot kill a child rapist, we the people still can. [evil grin]

Lock and load. We goin' perv huntin'.

308 n2stox  Thu, Jun 26, 2008 9:25:02am

I do get a giggly feeling, though, knowing that after the Exxon verdict, many loonie leftie heads are about to explode.

We don't get many victories, but this is a big one.

Cheers!

309 vxbush  Thu, Jun 26, 2008 9:25:29am

Just another comment: I've finally gotten to Steven's dissent. The quality of the writing is clearly inferior to Steven's, with very limited citations to back up his positions. He's quite whiny, too:

The opinion the Court announces today fails to identify
any new evidence supporting the view that the Amend-
ment was intended to limit the power of Congress to regu-
late civilian uses of weapons. Unable to point to any such
evidence, the Court stakes its holding on a strained and
unpersuasive reading of the Amendment’s text... .

This is amazing lame when you look at the depth of Scalia's work. Lame, lame, lame.

310 The Other Les  Thu, Jun 26, 2008 9:25:34am

Anyone else see this yet?

[Link: confederateyankee.mu.nu...]

(HT: Instapundit)

311 Cartman  Thu, Jun 26, 2008 9:25:46am

re: #300 Kalak

Handle one first. As I said, I found it extremely nose-heavy, I didn't want it after picking one up.

I'll admit I have a dog in the fight, but I didn't find that to be much the case at all. Maybe a little, but it sure didn't impact my MOI any!

312 Dar ul Harb  Thu, Jun 26, 2008 9:25:49am

re: #240 MajorPribluda

Question, Mr. Lawyer-person:

Why is it that the phrase "Congress shall make no law" is held (apparently) to extend a prohibition to the respective States, but the phrase "the right of the people... shall not be infringed. [Period]" is sharply limited to restrict the Federal government only?

I realize that this all just got a big dose of straightening out, but are you familiar with that seeming incongruity?

This all goes back to some post Civil War cases in the Supreme Court that essentially gutted the Reconstruction Amendments, resulting in decades of litigation trying to get the guarantees of the Bill of Rights "incorporated" against the states.

One of those decisions most relevant to the Second Amendment is called United States v. Cruikshank.

From the Usenet talk.politics.guns FAQ:

Following the Civil War, ... the U.S. Congress moved to deal with
this and other violations of the civil rights of black Americans through
the Fourteenth Amendment, which created a national citizenship, gave the
Congress the power to protect citizens of the United States from
abridgment of their Federally recognized rights under the Constitution
by the state governments, and guaranteed equal protection of the rights
of all citizens by the governments of the states and the Union. In the
case of U.S. v. Cruikshank, the Supreme Court continued the denial of
the plain meaning of the Fourteenth Amendment which it had begun in
the Slaughter-House Cases by ruling that the federal government had no
power to protect citizens against private actions which violated their
constitutional rights, despite the fact that failure to afford equal
protection of the law was clearly within the scope of the Amendment.

In this case, William Cruikshank and a mob of some one hundred others
were indicted under the Enforcement Act of 1870 with criminal conspiracy
to violate the civil rights of two black men, Levi Nelson and Alexander
Tillman, including their right to peaceably assemble, and their right
to keep and bear arms. Cruikshank and the rest of the white mob were
participants in what was perhaps the most violent racial incident of
the Reconstruction Era, the Colfax Massacre, in which over 100 black
Americans were killed. Nelson and Tillman were part of a militia of
freedmen occupying the courthouse in Colfax, the seat of government in
newly-created Grant Parish, LA. On April 13, 1873, the two sides
fought on a small but violent scale a battle that had taken shape first
in New Orleans.

[...detailed history of the battle omitted...]

Though the authors of the Reconstruction Amendments, of which the
Fourteenth was a part, clearly expressed their intent to extend the
"privileges and immunities" of the federal Bill of Rights to all men,
regardless of race, the Court in Cruikshank took it upon itself to
decide which parts of the Bill of Rights were binding upon the states,
through a doctrine of selective "incorporation," thus allowing the
injustice of statutory racism to persist until the civil rights
struggles of the 1950s and 1960s. "Gun control" advocates who rely
upon Cruikshank (or the later decision in Presser v. Illinois) to
support the idea that the Second Amendment is not binding upon the
States via the Fourteenth are relying upon the same arguments used to
deny the civil rights of black Americans after the Civil War.

Read the whole thing.

313 Capitalist Tool  Thu, Jun 26, 2008 9:25:51am

It is completely appalling that the political climate in this nation has devolved to the point that this issue should even need consideration by the Supreme Court, or that 4 justices would then use rhetorical inanities to speak against the people's right to keep and bear arms.

314 realwest  Thu, Jun 26, 2008 9:26:40am

re: #292 MrC_5150
The D.C. Mayor suffers from the same lack of reading comprehension skills that the 4 dissenters do.
It may take time, but ultimately we WILL win.
Wonder if his Honor has any statistics AT ALL as to how many murders were committed by licensed, registered handgun owners? Or, for that matter, if he's even thought of that.

315 maddogg  Thu, Jun 26, 2008 9:26:44am

Yes. a little thank you to the NRA might be in order. They are, after all, more responsible for this victory than any other entity.

316 NJDhockeyfan  Thu, Jun 26, 2008 9:26:45am

re: #153 Catttt

Remember that Senator Obama skated all around this issue, while Senator McCain signed an amicus brief to show what he thought (that the DC law was unconstitutional).

Obama disavows yet another "inartful" statement. Under the bus with that inartful statement, yes?

From the link:

With the Supreme Court poised to rule on Washington, D.C.'s, gun ban, the Obama campaign is disavowing what it calls an "inartful" statement to the Chicago Tribune last year in which an unnamed aide characterized Sen. Barack Obama, D-Ill., as believing that the DC ban was constitutional.

"That statement was obviously an inartful attempt to explain the Senator's consistent position," Obama spokesman Bill Burton tells ABC News.

The statement which Burton describes as an inaccurate representation of the senator's views was made to the Chicago Tribune on Nov. 20, 2007.

This is another one of Obama's people who has quoted Barry's position incorrectly. Has he hired anyone who shares his views?

317 jcm  Thu, Jun 26, 2008 9:26:49am

re: #298 DoubleU

Jee


I don't know, three?

Approxmitly .02% of crimes are comitted with legally held firearms. Guns aren't the problem, criminals are. It's not going to be the wild west, unless you consider the 750,000 documented to 2 million estimate crimes stopped each year by the legal use of a firearm, the wild west.

Would you have preferred to be in one of Virginia Tech unarmed, or armed and prepared. The scum was a lousy, and I mean lousy shot. At class room ranges I don't miss, in the time it takes me to draw and get two quick rounds off, he would have got off at the most 4-6 rounds, and it would have been over.

Wild fucking West my ass.

318 nikis-knight  Thu, Jun 26, 2008 9:28:33am
SCOTUS Says You Can Own Guns

More like, SCOTUS says, hey, at least 5 of us can read!

319 angst  Thu, Jun 26, 2008 9:28:41am

re: #257 Ojoe

re: #277 realwest

McCain was in the right the whole way on this issue- and he took a principled stand, sticking his neck out in the process. He's correct to nail Obama, no matter what wishy-washy affirming statement Obama comes up with now.

I hope McCain does more of this sort of thing in the future. The "surge" in Iraq is another one he needs to drive home. It's the exact same situation.

320 jcm  Thu, Jun 26, 2008 9:29:00am

re: #306 realwest

Hey jcm, switching to pistols for a moment, do you have any opinion on the S&W .40 caliber "reduced recoil" handgun?

Not familiar with that one. I have a MP Compact 40, which is very nice.

321 angst  Thu, Jun 26, 2008 9:30:44am

re: #316 NJDhockeyfan

This is another one of Obama's people who has quoted Barry's position incorrectly. Has he hired anyone who shares his views?

Why the hell doesn't Obama explain Obama's position?

322 Jethroc  Thu, Jun 26, 2008 9:31:10am

I'll take the Wild Wild West over Concentration Camps. Thanks.

323 psyop  Thu, Jun 26, 2008 9:31:13am

Whoo-hoo!

I am going to go and hug.. er.... "cling to", all of my guns, right now!

324 Iron Fist  Thu, Jun 26, 2008 9:31:33am

re: #314 realwest,

You are assuming he cares. I doubt seriously that he does. All that matters to gun controllers is gun control, not violent crime. They are usually the same people that support revolving door prisons to let thugs back onto the streets.

Speaking of which, has anyone heard from Marion Barry on this decision?

325 Picayune  Thu, Jun 26, 2008 9:31:37am

Fox News now reporting Obama's SCOTUS 2nd Amendment finding response: Obama supports 2nd amendment, but calls for common sense use to protect children from crime.

Common sense = backdoor? Wanna Bet?

326 ding  Thu, Jun 26, 2008 9:31:40am

re: #313 Capitalist Tool

Really. I think it's all about "If it's something you cherish as a conservative then I'll do my best to take it away from you."

Tit for tat. Not good.

327 Cartman  Thu, Jun 26, 2008 9:33:00am

Looks like the NRA now plans to use today's ruling as a basis to challenge in Chicago and San Fran. Good luck with that one.

328 FrogMarch  Thu, Jun 26, 2008 9:33:08am

The British made law abiding citizens give up their gun rights - crime went up 40%.

and the leftist democrats in the country want to re-create that. Isn't that brilliant?

329 MrC_5150  Thu, Jun 26, 2008 9:33:29am

re: #300 Kalak

Handle one first. As I said, I found it extremely nose-heavy, I didn't want it after picking one up.

That said, a gas piston is always superior to a dirty direct-impingement AR, but you have choices like a gas-piston AR upper, Daewoo, or tricked-out Saiga 5.56.

Always pick up a rifle before ordering one.

I have every intention of doing just that after I find a local dealer that has one in stock. Shouldn't be too difficult.

330 doppelganglander  Thu, Jun 26, 2008 9:33:34am

re: #141 ploome hineni

The three vows taken by a priest, nun or monk are poverty, chastity, and obedience. I don't know about the other two, but Pfleger scores an epic fail on number 3.

331 see bs  Thu, Jun 26, 2008 9:33:43am

About time! The only thing that concerns me is that the ruling was 5-4. It should have been 9-0 or 8-1, but if you think about it the 4 liberals voting against scares me on what the future of the SCOTUS and what it can do when packed with liberals who twist the constitution to fit their liberal agenda.

As this has been brought up many, many times before, Why would the 2nd amendment not apply to the individual?

332 maddogg  Thu, Jun 26, 2008 9:33:57am

re: #328 FrogMarch

The British made law abiding citizens give up their gun rights - crime went up 40%.

and the leftist democrats in the country want to re-create that. Isn't that brilliant?

Its not about crime, its about control. But you already know that.

333 Cartman  Thu, Jun 26, 2008 9:34:39am

re: #324 Iron Fist

,

Speaking of which, has anyone heard from Marion Barry on this decision?

Nobody's been able to get him away from the pipe long enough to comment.

334 DoubleU  Thu, Jun 26, 2008 9:34:58am

re: #317 jcm

That breeze you feel above you is the sarcasm going over your head. Anytime something about guns is mentioned, someone always screams the phrase "Wild wild West" The truth is, the West was not all that wild.

335 Goody  Thu, Jun 26, 2008 9:35:23am

I love the comment at the end of Stevens' dissent where, concerned that the Court will be reviewing all sorts of legislative controls, he states the ruling "will surely give rise to a far more active judicial role in making vitally important national policy than was envisioned at any time in the 18th, 19th or 20th centuries." This from a guy who signed on to a ruling that the federal courts should decide whether enemy combatants outside the U.S. are being wrongfully detained. Gotta love a Justice with intellectual flexibility!

336 neoconkat  Thu, Jun 26, 2008 9:35:50am

re: #328 FrogMarch

Anarchy in the U.K. ...and in the U.S.!

337 Capitalist Tool  Thu, Jun 26, 2008 9:36:05am

Ok, I've kinda skinned through this thread... I love you people!
You are my true kith and kin.

338 angst  Thu, Jun 26, 2008 9:36:29am

re: #292 MrC_5150

DC Mayor on FNC --- "Supreme Court ruling limited ...semi automatic handguns, generally remain illegal in the District of Coumbia with this ruling..." ----

Instead of wounding them with my semi-automatic, I would be required by law to kill them with my shotgun?

They're going to get another lawsuit over this. The SCOTUS even mentioned the popularity of handguns- and what, pray tell, is the most popular handgun for self-defense?

It isn't my old S&W .22 six-shooter, that's for damn sure.

339 Kalak  Thu, Jun 26, 2008 9:36:51am

re: #292 MrC_5150

DC Mayor on FNC --- "Supreme Court ruling limited ...semi automatic handguns, generally remain illegal in the District of Coumbia with this ruling..." ----

Where did it say that? What a freaking tool.

So when the D.C. gangsta comes in your house with a stolen, serials-fired fo-tay and starts unloading at you in the sideways grip, you're supposed to only have five or six in a revolver, and better be quick with that speedloader.

Or maybe he means single-shot .22's.

Good mayor they got.

340 rcris5  Thu, Jun 26, 2008 9:37:06am

306 realwest

Very much like the S & W, M & P in the 40. Not aware of a reduced recoil pistol. Something new?

341 realwest  Thu, Jun 26, 2008 9:37:43am

re: #317 jcm Do you have a link to that 0.02%? I'd really like to read any study done on this issue.
And frankly I think that the 0.02% number is way too high (talking murders, not accidental deaths).

342 jcm  Thu, Jun 26, 2008 9:37:47am

re: #334 DoubleU

That breeze you feel above you is the sarcasm going over your head. Anytime something about guns is mentioned, someone always screams the phrase "Wild wild West" The truth is, the West was not all that wild.

That's what the / tag is for, make sure you're not take for a troll.

343 realwest  Thu, Jun 26, 2008 9:39:07am

re: #324 Iron Fist We'll probably hear from Mr. Barry when he exhales!

344 realwest  Thu, Jun 26, 2008 9:40:40am

re: #328 FrogMarch
Do you have a link to that? I don't doubt you at all, but I'm trying to find studies about handgun or firearm deaths before and after prohibition of same.

345 DoubleU  Thu, Jun 26, 2008 9:41:08am

re: #342 jcm

Charles removed all embedded sarcasm tags, it was deprecated in HTML 4.0

346 Cartman  Thu, Jun 26, 2008 9:42:05am

Well, I thought this topic would garner more interest. Guess I'll shuffle of and hit the range.

It's another great day for freedom!

347 realwest  Thu, Jun 26, 2008 9:42:41am

re: #335 Goody
"Gotta love a Justice with intellectual dishonesty flexibility!
There, fixed that for you!

348 jcm  Thu, Jun 26, 2008 9:42:43am

re: #341 realwest

Do you have a link to that 0.02%? I'd really like to read any study done on this issue.
And frankly I think that the 0.02% number is way too high (talking murders, not accidental deaths).

It's out of one of John Lott's books IIRC, the number is vanishingly small and it's hard to find specific instances. Naveed Haq, the Seattle Jewish Center shooting was legal and had a CPL (WA is Concealed Pistol License). The bulk of that 0.02% is domestic violence, threatening or actual use.

349 Capitalist Tool  Thu, Jun 26, 2008 9:42:45am

Living here in Oklahoma, one of the last settled (wild) places in the lower 48, with the right to pack arms concealed or otherwise, locked and loaded, I must say that my fellow Oklahomans are a polite bunch.
What's up with all this Wild West stuff?

350 chukardog  Thu, Jun 26, 2008 9:44:04am

we all need to celebrate and exercise our 2nd amendment right by purchasing a gun. Go out today and buy a gun and LOTS of ammo. Learn to use the gun and become proficient with it. We are a nation of riflemen, keep that intact and we will always be free.

351 angst  Thu, Jun 26, 2008 9:44:37am

re: #331 see bs

About time! The only thing that concerns me is that the ruling was 5-4. It should have been 9-0 or 8-1, but if you think about it the 4 liberals voting against scares me on what the future of the SCOTUS and what it can do when packed with liberals who twist the constitution to fit their liberal agenda.

As this has been brought up many, many times before, Why would the 2nd amendment not apply to the individual?

Two things- one, the sentence addressing this refers to a "well-regulated militia," so people have focused on the militia i.e. a collective right to bear arms. They have also (unbelievably, IMHO) thought the "people's" in "..the people's right to keep and bear arms..." meant People (again, a collective usage) not individual people. Of course, that was the only time that "people" would have been used that way in the entire Bill of Rights, but that was the thinking. I believe the libs even looked for a capital "P" in the original document order to prove their point.

352 cptham  Thu, Jun 26, 2008 9:44:45am

The Kossites must be PISSED OFF.

353 jcm  Thu, Jun 26, 2008 9:47:21am

re: #345 DoubleU

Charles removed all embedded sarcasm tags, it was deprecated in HTML 4.0

I apologize for missing the sarc in your comment, I'm not that familiar with you here and read the comment at face value. When we get to know a poster it's clearer if sarc is involved.

354 Capitalist Tool  Thu, Jun 26, 2008 9:47:26am

re: #352 cptham

The Kossites must be PISSED OFF.

I'm not gonna go wade through that puke palace to find out...

355 kansas  Thu, Jun 26, 2008 9:47:31am

OK, I think the Supremes are saying the government can't kill a child rapist, but you can. Remember, one bullet is a lot cheaper than never ending appeals, and 3 squares a day and free legal slime for a scumbag.

356 hermeneutics  Thu, Jun 26, 2008 9:48:22am

re: #257 Ojoe

McCain gets a dig in by using the words cling and bitterness. Way to go John.

Finally, his speechwriters zap back.

Hey, Ojoe, can you give me a recommendation of a book -- not at the architect level, but better than the stuff at B and N -- on site selection for a passive/active solar house?

357 brainwizard73  Thu, Jun 26, 2008 9:50:30am

The decision should have had a greater majority.

I especially like how the the liberal justices want to take away the right of legislative bodies to exercise police powers (one of those pesky state rights) for child rapists, but kow-tow to D.C. and, presumably, other state legislatures on issues related to restrictions.

While I am still reading the decision, this smacks of intellectual dishonesty, or a desire to remake the world as the court sees fit...which we all know is in the Constitution.

358 Occasional Reader  Thu, Jun 26, 2008 9:51:33am

re: #299 Iron Fist

,

Time for another case.

That's exactly my worry. The DC government will just go for a death of a thousand cuts approach. They'll keep coming up with new ways to effectively deny my 2nd Amendment rights; and if they lose, 6 or 7 years from now, in SCOTUS... oh well, back to the drawing board, but there's ALWAYS another drawing board.

359 Kalak  Thu, Jun 26, 2008 9:54:47am

re: #354 Capitalist Tool

I'm not gonna go wade through that puke palace to find out...

They're throwing a fit and suggesting adding amendments to disable 2A, yes.

360 realwest  Thu, Jun 26, 2008 9:54:56am

re: #349 Capitalist Tool
The "Wild West" stuff is the result of an obviously biased and ignorant MSM.
The facts, brutal though they are to American Mythology are these: The University of New Mexico, some 10-15 years or so ago, commissioned and paid numerous historians to try to find out, initially, the validity of the myth of two gunslingers standing in the streets and drawing on each other.
The historians, using perfectly acceptable history research (they read copies of old newspapers from the approximate 20 year history of the "Wild West" - 1866-1886 and read diaries and the like from that time period and their consensus opinion was that those "shootouts" occurred less than 40 times in that 20 year period in all of the states and territories generally considered the "Wild West". And they even stretched it out to include citizens defending themselves against gangs of outlaws (the James Gang, The Doolin/Dalton gangs and the like) and still couldn't find more than 40 occasions when there was some documentary evidence of such shootouts (such as the two newspapers in Tombstone Arizona - the Epitaph and another which stopped publishing over 50 years ago and their coverage of the "Shootout at the OK Corral" which wasn't, strictly speaking a one-on-one encounter in the street).
Obviously some folks were killed from ambush and the like, but the Myth of the Old Wild West was, for the most part, purely a myth.
But not to the MSM who want gun control.

361 Capitalist Tool  Thu, Jun 26, 2008 9:55:24am

re: #356 hermeneutics

Finally, his speechwriters zap back.

Hey, Ojoe, can you give me a recommendation of a book -- not at the architect level, but better than the stuff at B and N -- on site selection for a passive/active solar house?

Apologies for intruding, but there are a couple of new tech breakthroughs which (allegedly) will reduce photovoltaic costs to around $1/watt retail, which is worth a bit of wait to see if they come online... supposedly factories are going up as we speak.
Here's what not to do.

362 jaydub  Thu, Jun 26, 2008 9:55:45am

I was frankly astonished at the open bias the reporter wrote into the story, but then I saw he a) works for Reuters and b) works out of London. The British still can't believe a Government would let its subjects possess the means of self determination, whether its unfettered freedom of the press or owning firearms.

363 Occasional Reader  Thu, Jun 26, 2008 9:57:36am

re: #360 realwest

"Ah'm your huckleberry."

364 Occasional Reader  Thu, Jun 26, 2008 9:58:51am

re: #362 jaydub

I was frankly astonished at the open bias the reporter wrote into the story, but then I saw he a) works for Reuters and b) works out of London. The British still can't believe a Government would let its subjects possess the means of self determination, whether its unfettered freedom of the press or owning firearms.

I'm continually amazed by how ingrained it is among Europeans that the state "lets" you have rights. In general, they have no problem at all with that conception.

365 MJBrutus  Thu, Jun 26, 2008 9:59:47am

Here's the quote of the day for my money. From the diseased mind of Justice Stephens:

Specifically, there is no indication that
the Framers of the Amendment intended to enshrine the
common-law right of self-defense in the Constitution.

366 Iron Fist  Thu, Jun 26, 2008 9:59:59am

re: #358 Occasional Reader,

We have to go on the attack. Just as Roe v. Wade opened the door for activists to forge an unlimited right to abortion, it is time for us to force the Supreme Court to protect the much neglected Right to Keep and Bear Arms.

I'd say Chicago is the next ban to go. Another suit against DC if they try some bullshit to continue their gun ban after this decision is a must.

The Civil Rights movement didn't win it all in a day. Neither will we. This case is a good place to start. it leaves all kinds of avenues open for expanding the right to keep and bear arms. We need to push on the boundaries until this RIGHT is as strongly protected as other rights. Especially rights that come from the penumbras and emmanations of the Constitution.

367 Capitalist Tool  Thu, Jun 26, 2008 9:59:59am

re: #362 jaydub

I was frankly astonished at the open bias the reporter wrote into the story, but then I saw he a) works for Reuters and b) works out of London. The British still can't believe a Government would let its subjects possess the means of self determination, whether its unfettered freedom of the press or owning firearms.

Both unfettered freedom of the press and owning firearms are under fierce attack from the left in the USA.
Why do those people have any credibility?

368 realwest  Thu, Jun 26, 2008 10:00:53am

re: #363 Occasional Reader Well you're a daisy if you do! LOL!
Great movie and pretty accurate re-telling of the most famous shoot-out in the Old "Wild" West.

369 jcm  Thu, Jun 26, 2008 10:00:58am

Koss kiddies....

not surprising (9+ / 0-)


this court leans somewhat liberatarian Republican and has for years now.

Central PA Kossacks Obama: full of win! McCain: full of FAIL!

by terrypinder on Thu Jun 26, 2008 at 07:17:55 AM PDT

370 Dar ul Harb  Thu, Jun 26, 2008 10:01:06am

re: #312 Dar ul Harb

As an aside, this footnote by Scalia, at 48:

23
With respect to Cruikshank’s continuing validity on incorporation,
a question not presented by this case, we note that Cruikshank also
said that the First Amendment did not apply against the States and did
not engage in the sort of Fourteenth Amendment inquiry required by
our later cases. Our later decisions in Presser v. Illinois, 116 U. S. 252,
265 (1886) and Miller v. Texas, 153 U. S. 535, 538 (1894), reaffirmed
that the Second Amendment applies only to the Federal Government.

It's unclear to me at first glance what the impact of Heller is on the states. Any thoughts?

371 FlakMusic  Thu, Jun 26, 2008 10:02:30am

re: #362 jaydub

Sad but true...and it's made doubly tragic given that our Second Amendment has its roots in British common law...look what happens when you aren't vigilant about protecting your rights.

372 realwest  Thu, Jun 26, 2008 10:03:09am

re: #365 MJBrutus That's cause the good Justice didn't bother to read any of the amicus briefs that were filed in the case, nor, apparently, not even the brief filed on behalf of Heller.
Just total, and totally disgusting, intellectual dishonesty.

373 jcm  Thu, Jun 26, 2008 10:04:17am

More...

All we are seeing is confirmation of what was decided years ago. The gun-fundies won a while ago.

Ortiz/Ramírez '08
28% approval ≠ .280 average ~ Dump T-Mac

by theran on Thu Jun 26, 2008 at 07:30:52 AM PDT

374 Capitalist Tool  Thu, Jun 26, 2008 10:04:37am

re: #365 MJBrutus

Here's the quote of the day for my money. From the diseased mind of Justice Stephens:

The left and others fascinated with totalitarian power have always maintained the right of individual defense as being solely at the whim and discretion of the "government".
Stephens (doesn't merit the honorific "Justice") is just a "fellow traveler".

375 TexasAC  Thu, Jun 26, 2008 10:07:55am

The only "wild west" in Houston, Texas are the illegal immigrant gang bangers knocking off the competition and women folk of the opposing Latina gangs.

376 Egfrow  Thu, Jun 26, 2008 10:08:25am

The Marxists are only supposed to take our rights little by little so we don't notice. It would have been too revealing of their agenda to take on the Guns rights after these last two rulings. They would have jeopardized their plans to take away further rights like slow bleeding a pig.

377 Point Blank  Thu, Jun 26, 2008 10:09:08am

There are four people in black robes that need to turn them in. This should have been a 9-0 ruling. Souter, Ginsberg, Stevens and Breyer are *unqualified* to serve on SCOTUS. God help us if they garner a fifth moron.

378 FlakMusic  Thu, Jun 26, 2008 10:09:13am

re: #357 brainwizard73

The decision should have had a greater majority

Reading the dissenting opinions is a disturbing experience. The justices aren't stupid. They're ideologues who are trying to bend the language of the Constitution to their agenda.

Apparently those of us who read the 2nd Amendment as per the majority opinion are primitive creatures whose commitment to the archaic idea of individual liberty and self-determination is a manifestation of our refusal to evolve into sheep that Europe and the enlightened dissenting minority want us to be.

Down with sheep.

Up with gun-toting lizards.

379 GGMac  Thu, Jun 26, 2008 10:09:29am

I've never understood moonbats' - or anyone elses' - denseness about the wording of Amendment II:

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Militia...NECESSARY to the security of a free State.


The responsibility of the Militia is protection, which means for the Militia, Arms were necessary, or precisely, required. Providing security requires Arms.

Two separate entities stated: "well regulated Militia", and "the people".

For the first - the "well regulated Militia", Arms are REQUIRED.

For the second - "the people", Arms are a RIGHT.

380 jcm  Thu, Jun 26, 2008 10:09:29am

re: #370 Dar ul Harb

As an aside, this footnote by Scalia, at 48:


It's unclear to me at first glance what the impact of Heller is on the states. Any thoughts?

Basic it leaves, reasonable restrictions up to the states. Heller basically says, a citizen can keep a handgun at home for defense. The firearm can be ready for use, no more requirement of disassembled, or bans on guns in the home.

381 realwest  Thu, Jun 26, 2008 10:09:49am

re: #370 Dar ul HarbFWIW (and please note that Scalia said the incorporation issue was not presented in this case - therefore, at least theoretically not researched nor argued among the Justices) it isn't an incorporation issue - there is now a clearly stated FEDERAL CONSTITUTIONAL RIGHT for Americans to own firearms for personal use and defense.
The incorporation issue is, I think, simply another way to deal with the issues of licensing and registration. And again, FWIW, I'm not opposed to licensing nor registration, so long as the process of doing so is not so long as to effectively deny a citizen his right to purchase and own a firearm (see, e.g., NYC).

382 Alibaba  Thu, Jun 26, 2008 10:10:39am

Let me guess: is one of them Ruth Buzzy Ginzberg?re: #13 mijacat

383 Alibaba  Thu, Jun 26, 2008 10:11:45am

re: #377 Point Blank
Kennedy can go either way; Souter has been major, major disaster and was nominated by Bush's father. I don't expect ANYHING GOOD from anybody nominated by Clinton.

384 lurking faith  Thu, Jun 26, 2008 10:12:08am

The frightening thing about this decision is that the margin was ONLY 5-4.

I don't know about the rest of you, but I find that very, very scary. Four Justices are on record, not just as inventing rights or powers that don't exist in the Constitution, but as denying rights clearly stated in the Constitution.

We need a process by which we can impeach Justices.

385 Kalak  Thu, Jun 26, 2008 10:12:27am

re: #375 TexasAC

That is really nothing new. Look up the story of Tom Threepersons, a border lawman and one of the best gunfighters in history, during the Prohibition days when the Mexican smugglers brought tequila in through El Paso.

386 Alibaba  Thu, Jun 26, 2008 10:13:22am

re: #365 MJBrutus
oh, no? But Washington crossed the Delaware for legalized abortion?

387 Point Blank  Thu, Jun 26, 2008 10:13:31am

re: #381 realwest

Licensing and registration are for cars. This is the way the Govt eats away at your liberty. The 2nd Amendment does not need a license. It outlines a Right. You don't need a license to redress your government. You don't need to register your free speech.

388 Occasional Reader  Thu, Jun 26, 2008 10:14:17am

re: #386 Alibaba

oh, no? But Washington crossed the Delaware for legalized abortion?

I thought it was to rescue a child rapist from the gallows?

389 realwest  Thu, Jun 26, 2008 10:14:37am

re: #384 lurking faith
We can impeach Justices of the U.S. Supreme Court but only if they commit high crimes and misdemeanors - not just because they disagree with us or - as is the case with the four dissenters - think the Constitution can be interpreted in ways totally foreign to our history and to our written guarantees of our precious freedoms.

390 jcm  Thu, Jun 26, 2008 10:15:26am

From the Stevens dissent.

In the First Amendment, no words define the class of individuals entitled to speak, to publish, or to worship; in that Amendment it is only the right peaceably to assemble, and to petition the Government for a redress of grievances, that is described as a right of “the people.” These rights contemplate collective action. While the right peaceably to assemble protects the individual rights of those persons participating in the assembly, its concern is with action engaged in by members of a group, rather than any single individual. Likewise, although the act of petitioning the Government is a right that can be exercised by individuals, it is primarily collective in nature. For if they are to be effective, petitions must involve groups of individuals acting in concert.

Similarly, the words “the people” in the Second Amendment refer back to the object announced in the Amendment’s preamble. They remind us that it is the collective action of individuals having a duty to serve in the militia that the text directly protects and, perhaps more importantly, that the ultimate purpose of the Amendment was to protect the States’ share of the divided sovereignty created by the Constitution.

As used in the Fourth Amendment, “the people” describes the class of persons protected from unreasonable searches and seizures by Government officials. It is true that the Fourth Amendment describes a right that need not be exercised in any collective sense. But that observation does not settle the meaning of the phrase “the people” when used in the Second Amendment. For, as we have seen, the phrase means something quite different in the Petition and Assembly Clauses of the First Amendment. Although the abstract definition of the phrase “the people” could carry the same meaning in the Second Amendment as in the Fourth Amendment, the preamble of the Second Amendment suggests that the uses of the phrase in the First and Second Amendments are the same in referring to a collective activity. By way of contrast, the Fourth Amendment describes a right against governmental interference rather than an affirmative right to engage in protected conduct, and so refers to a right to protect a purely individual interest. As used in the Second Amendment, the words “the people” do not enlarge the right to keep and bear arms to encompass use or ownership of weapons outside the context of service in a well regulated militia.

holy moly, we got a marxist on SCOTUS.

391 lurking faith  Thu, Jun 26, 2008 10:15:35am

re: #379 GGMac

Absolutely - and the use of the wording "the people" was carefully chosen. The authors meant individual citizens whenever they wrote "the people."

Anybody who denies that should be disbarred for imcompetence.
No lawyer or judge who fails to understand and agree that defined terms should be understood as defined should be allowed to continue practicing.

392 Point Blank  Thu, Jun 26, 2008 10:15:39am

re: #383 Alibaba

Yeah, Souter blindsided Bush. What a tragedy.

393 realwest  Thu, Jun 26, 2008 10:17:35am

re: #387 Point Blank
I understand what you're saying but have to say I disagree with it; it is entirely unreasonable to allow those people with histories of mental illness or convicted felons, the right to own firearms.
To suggest that the Second Amendment was intended to guaranty the right of those people to own firearms is, I would suggest, inaccurate.

394 jaunte  Thu, Jun 26, 2008 10:18:01am

re: #384 lurking faith

"Four Justices are on record, not just as inventing rights or powers that don't exist in the Constitution, but as denying rights clearly stated in the Constitution."
This part of your post should be saved and repeated to 'true conservatives' who insist on voting for write-in or marginal candidates on principle, or to teach McCain some kind of lesson. Obama and the 'Ayers' among his supporters are within reach of a majority on the Supreme Court.

395 realwest  Thu, Jun 26, 2008 10:19:07am

re: #394 jaunte Amen!

396 unclassifiable  Thu, Jun 26, 2008 10:20:05am

re: #325 Picayune

O yeah.

Gun control advocates (and liberals in general) will use children as shields to keep themselves from having to deal with fully functioning adults.

397 Point Blank  Thu, Jun 26, 2008 10:20:33am

re: #393 realwest

Granted. But licensing and registration do far more than regulate who gets firearms. It tells the goverment exactly where those firearms are and where to go get them.

A background check at time of purchase is sufficient to keep firearms away from bad guys. (And please don't bring up the argument of the black market. It nullifies everything.)

398 Iron Fist  Thu, Jun 26, 2008 10:21:36am

re: #393 realwest,

I have to disagree with you regarding felons. The answer is to keep dangerous criminals locked up, not to register firearms. If they are dangerous criminals, why are you letting them out? They are dangerous whether or not they have a firearm.

If they've served their time, and no longer represent a threat to the community, why are you concerned if they get a gun? They'll be able to get a gun whether there is registration or not. Chicago is proof of this.

Keep the dangerous criminals off the street. It is the only sane (and Constitutional) answer.

399 Capitalist Tool  Thu, Jun 26, 2008 10:21:41am

re: #394 jaunte

"Four Justices are on record, not just as inventing rights or powers that don't exist in the Constitution, but as denying rights clearly stated in the Constitution."
This part of your post should be saved and repeated to 'true conservatives' who insist on voting for write-in or marginal candidates on principle, or to teach McCain some kind of lesson. Obama and the 'Ayers' among his supporters are within reach of a majority on the Supreme Court.

And at least one Justice, Ruth Bader Ginsberg, is on record saying that SCOTUS needs to look at the laws and customs of foreign nations to determine the validity of our own laws, rather than the United States Constitution.

400 realwest  Thu, Jun 26, 2008 10:21:42am

Well it's been grand as usual all y'all (actually grander than usual, thanks to the Heller decision!) but I gotta go do chores eat lunch now!
I hope you all have a GREAT DAY and that I get the chance to see you all down the road!

401 markx  Thu, Jun 26, 2008 10:24:29am

re: #390 jcm


What a maroon. He has elevated parsing to an art.
In his mind it all depends on how you define "the people".

God save us from these morons.

402 unrealizedviewpoint  Thu, Jun 26, 2008 10:24:38am

If this man had a carry permit (nearly impossible to get in LA) it's unlikely he'd be fighting for his life right now.

Man shot in chest confronting taggers in Hollywood

403 FlakMusic  Thu, Jun 26, 2008 10:25:55am

re: #394 jaunte

Obama and the 'Ayers' among his supporters are within reach of a majority on the Supreme Court.

Obama was actually a director, I believe, on a strongly anti-gun activist organization in Chicago. His actions in Illinois strongly contradict anything he's now saying about supporting gun rights.

We have every reason to believe he'll appoint more Souters to the court if he's elected.

404 unclassifiable  Thu, Jun 26, 2008 10:26:58am

re: #387 Point Blank

If folks want to explicitly remedy this situation then the Congress, the President, and the state legislatures (at least 2/3's) can pass an amendment to clarify, modify, or negate all or part of the 2nd Amendment.

So keep this in mind. All the whining that you will hear by the gun control advocates is basically because they do not want to go through the process -- that is to say, to follow the rules.

405 jcm  Thu, Jun 26, 2008 10:27:10am

re: #401 markx

What a maroon. He has elevated parsing to an art.
In his mind it all depends on how you define "the people".

God save us from these morons.

And his definition is strictly collectivist. The founders are spinning, the entire revolution was about individual rights and limits on the government, not the other way around. Beyond maroon.

406 markx  Thu, Jun 26, 2008 10:27:21am

re: #379 GGMac

I've never understood moonbats' - or anyone elses' - denseness about the wording of Amendment II:

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Militia...NECESSARY to the security of a free State.


The responsibility of the Militia is protection, which means for the Militia, Arms were necessary, or precisely, required. Providing security requires Arms.

Two separate entities stated: "well regulated Militia", and "the people".

For the first - the "well regulated Militia", Arms are REQUIRED.

For the second - "the people", Arms are a RIGHT.


Ha! There you go, using logic.

You'll never qualify for the Court.

407 markx  Thu, Jun 26, 2008 10:27:57am

re: #405 jcm


Exactly.

408 jaunte  Thu, Jun 26, 2008 10:28:11am

re: #403 FlakMusic

Yes, you're right. He wants to have the power, and that means taking away the rgun rights.

409 Point Blank  Thu, Jun 26, 2008 10:29:08am

re: #404 unclassifiable

They don't go through the process because they can't get a majority behind them. Whining is the linqua franca of the Liberal.

410 Occasional Reader  Thu, Jun 26, 2008 10:29:49am

I'm somewhat pleasantly surprised that even on the DailyKos thread on the topic of Heller, there are a fair number of posters standing up for gun rights. Never would have thunk it.

411 Capitalist Tool  Thu, Jun 26, 2008 10:30:36am

re: #409 Point Blank

They don't go through the process because they can't get a majority behind them. Whining is the linqua franca of the Liberal.


Listening to: $5 Fine for Whining - Chris LeDoux

412 Point Blank  Thu, Jun 26, 2008 10:31:29am

re: #409 Point Blank

They don't go through the process because they can't get a majority behind them. Whining is the linqua franca of the Liberal.


What the hell is a "linqua"? LINGUA.

413 Dar ul Harb  Thu, Jun 26, 2008 10:32:09am

re: #381 realwest

FWIW (and please note that Scalia said the incorporation issue was not presented in this case - therefore, at least theoretically not researched nor argued among the Justices) it isn't an incorporation issue - there is now a clearly stated FEDERAL CONSTITUTIONAL RIGHT for Americans to own firearms for personal use and defense.

But on the facts presented to the Court in this case, it seems to be a rather narrow (and properly so, I might add) decision. The Court has effectively eliminated Handgun Control, Inc.'s longstanding goal of banning handguns, but the possibility of other restrictive gun control laws at the state level is an open question (CA "assault weapons" ban, for example), given that the 2nd Amendment hasn't been explicitly "incorporated" against the states via the 14th. Isn't that so?

I'm also not sure what the Heller decision will do for the 1986 machine gun "freeze" either, but that looks pretty shaky to me, as I read Heller.

414 Sol Roth  Thu, Jun 26, 2008 10:33:47am

SUCK IT, LIBERAL-COLLECTIVIST-SOCIALIST-DEMOCRAT-COMMUNIST- PROGRESSIVE-LLL-LEFTARDS!
WOOOHOOO!
/late to party, sorry.

415 Point Blank  Thu, Jun 26, 2008 10:35:13am

...lunch beckons...

416 mray  Thu, Jun 26, 2008 10:35:55am

re: #328 FrogMarch

That's because once they have our guns, they no longer need to fear us.

417 unclassifiable  Thu, Jun 26, 2008 10:36:30am

re: #412 Point Blank

What the hell is a "linqua"?

A linqua is what is really is happening to those myobama blogs. Charles is wrong. They are not throwing the links under the bus. They are drowning them in water -- aqua.

Link + aqua = linqua

418 FrogMarch  Thu, Jun 26, 2008 10:36:48am

re: #332 maddogg

Its not about crime, its about control. But you already know that.

Indeed. It's all about their liberal fascism. But how odd that increased crime doesn't seem to bother them?

419 Occasional Reader  Thu, Jun 26, 2008 10:37:09am

re: #406 markx

Ha! There you go, using logic.

You'll never qualify for the Court.

How 'bout this: Guns are a phallic/patriarchical means of denying power to the disenfrenchised persons of color, not to mention gays, lesbians and transgendered people. Constitution, schmonstitution, what matters is what we FEEL here. Therefore, the lower court's decision in Heller is overturned, and we hereby decree, by the power vested in us by, well, our feelings, that all guns are outlawed in the United States, except for those
carried by bodyguards of Democratic Party officials.

Do I get my black robe now?

420 HBob  Thu, Jun 26, 2008 10:37:10am

re: #72 Kalak

Please don't reinforce the leftists' negative stereotypes of irresponsible gun owners. Guns fired into the air tend to have bullets come down in parabolas that can be of sufficient velocity to kill.

If you want to shoot a gun outdoors, the only acceptable place to do so is a range with an earthen berm of sufficient thickness as a backstop, or a target in front of a hill that will service as such.

Don't even joke about irresponsible gun use. Please.

Good lord...

421 FrogMarch  Thu, Jun 26, 2008 10:37:32am

re: #416 mray

That's because once they have our guns, they no longer need to fear us.

They want our guns and our money. Welcome to serfdom.

422 Capitalist Tool  Thu, Jun 26, 2008 10:40:28am

re: #416 mray

That's because once they have our guns, they no longer need to fear us.

The ability to find enough damn fools to come and get 'em is, at present, a major deterrent to the left even trying to take our guns away.

423 jcm  Thu, Jun 26, 2008 10:40:46am

re: #421 FrogMarch

They want our guns and our money. Welcome to serfdom.

Welcome to serfdom slavery.

Fixed.

424 FlakMusic  Thu, Jun 26, 2008 10:43:56am

The name of the foundation for which Obama was a director is the Joyce Foundation.

The Joyce Foundation

425 GGMac  Thu, Jun 26, 2008 10:45:14am