Supreme Court Strikes Down D.C. Gun Ban

  1. Just for those who may be unaware, the Supreme Court ruled that the 2nd Amendment is an individual right. What's interesting is it was 5-4 ruling.
     
  2. jcsd
  3. Who ruled what? Did the conservative ones overrule the liberal ones, or was it split half and half-ish?
     
  4. russ_watters

    Staff: Mentor

    Here's the decision: http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf
    Not sure which way which leans.

    I can't say I'm surprised about the comment on the 2nd amendment, and they did say that the right (like every right) is not absolute, but I was a little disappointed in where they drew the line. In any case, this is going to open the door to a flurry of new cases to determine exactly where they think the line should be drawn.
     
  5. Living in the DC area, it will be interesting to see how crime changes. We already have high crime rates, so I dont think this is going to give the bad guys guns they dont ALREADY have.

    But, when are they going to give us a damn VOTE? The DC plates say 'taxation without representation'.
     
  6. This is a pretty huge decision for Americans. If you are a law-abiding (not a felon), mentally competent American you can now possess a handgun in your home anywhere in the US. It goes without saying IMO, but it needed to be ruled definatively by the Supreme Court. A very important "do not cross" line for gun control advocates has been drawn.
     
  7. Roberts, Alito, Scalia and Thomas are reliable conservatives; their reliability on issues near and dear to the Republican party is what got them on the Court. Ginsburg, Breyer, Souter and Stevens are reliably liberal (particularly the first two). Kennedy is the swing vote, and so is the one to watch in today's SCOTUS. The other eight you can almost always predict the votes of even before arguments begin.
     
  8. During the next Presidential term, two seats should open up on the Supreme Court, so that adds to the importance of this election (McCain will likely appoint conservative justices, Obama liberal).
     
  9. chemisttree

    chemisttree 3,723
    Science Advisor
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    From Scalia's majority opinion. I heartily agree... it's NOT the role of the Court to pronounce the Second Amendment extinct.
     
  10. Ivan Seeking

    Ivan Seeking 12,521
    Staff Emeritus
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    I am extremely happy about this and the ruling on the death penalty.

    Never take my guns, and never give the State the legal right to kill its citizens, for any reason.
     
  11. I like how they completely ignored the first half of the sentence, though. You know, the whole militia part.
     
  12. Gimme a break here.
     
  13. [​IMG]
     
  14. That was not ignored AT ALL. Read the opening arguments, they go into it extensively. You should do some research before making such comments.

    In order to be able to form a militia of citizens the citizens need to actually have guns and be familiar with there operation.
     
  15. Sure, but then they should actually have a militia. Ergo people who want to own guns should be required to sign up for the local militia.
     
  16. mheslep

    mheslep 3,383
    Gold Member

    Then put that in the constitution with an amendment because it is not in there now.
     
  17. No they shouldn't. There is no such requirement in the Constitution. It's "shall not be infringed" not "shall not be infringed, after you sign up for the local militia".
     
  18. D H

    Staff: Mentor

    The phrase well-regulated in the 2nd amendment does not mean "well-regulated by Congress". The framer's very begrudgingly gave Congress the ability to maintain a standing army. The 2nd amendment added a check on this ability. The framers wanted to give the people the means to rebel against the government they had just created. The 2nd amendment gives the people two rights: The right to bear arms and the right to use those arms against the government in a well-regulated (but private) militia. Even Scalia acknowledged that these might be outdated ideas. If you think that this amendment is outdated, fine. Change the Constitution.
     
  19. The founders passed gun control regulations all the time. What the heck are you talking about? If you look at how the added amendments came about, you can see that the second amendment was a comprimise. Blacks for example could never even own guns, because they were not technically citizens.

    This is just more of that kooky, conservative reaction to man's problems: that they have to be handled with violence.

    Tyrannies overthrown with guns only lead to more tyrannies, and the idea that guns solve any problems is insane.
     
  20. lol. I watched their whole episode on gun control. They never quote the numerous historians out there that explain the context of the second amendment.

    These are the same guys who claimed second hand smoke does no damage despite the thousands of pages of medical evidence to the contrary that has been around for years.
     
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