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RayM
Just Another Club Racer
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Location: Upsidedown on the track
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 Posted: Thu Jun 26, 2008 7:17 am Post subject: SC rules in flavor of indivual Rights !!!!! |
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10:12
Tom Goldstein - Heller affirmed.
10:13
Ben Winograd -
The Court has released the opinion in District of Columbia v. Heller (07-290), on whether the District’s firearms regulations – which bar the possession of handguns and require shotguns and rifles to be kept disassembled or under trigger lock – violate the Second Amendment. The ruling below, which struck down the provisions in question, is affirmed.
Justice Scalia wrote the opinion. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg. We will provide a link to the decision as soon as it is available.
10:13
Tom Goldstein - Second Amendment protects an individual right to possess a firearm.
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RayM
Just Another Club Racer
Joined: 25 Nov 2006
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Location: Upsidedown on the track
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| Posted: Thu Jun 26, 2008 7:19 am Post subject: |
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| Quote: | Answering a 127-year old constitutional question, the Supreme Court ruled on Thursday that the Second Amendment protects an individual right to have a gun, at least in one’s home. The Court, splitting 5-4, struck down a District of Columbia ban on handgun possession.
Justice Antonin Scalia’s opinion for the majority stressed that the Court was not casting doubt on long-standing bans on gun possession by felons or the mentally retarded, or laws barring guns from schools or government buildings, or laws putting conditions on gun sales |
http://www.scotusblog.com/wp/
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and scrape marks on the top of the helmet is a wheels up condition. |
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RayM
Just Another Club Racer
Joined: 25 Nov 2006
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| Posted: Thu Jun 26, 2008 7:26 am Post subject: |
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| Quote: | 10:24
Tom Goldstein - Quoting the syllabus: The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditional lawful purposes, such as self-defense within the home. |
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RayM
Just Another Club Racer
Joined: 25 Nov 2006
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Location: Upsidedown on the track
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| Posted: Thu Jun 26, 2008 7:27 am Post subject: |
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| Quote: | Held:
1. The Second Amendment protects 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.
Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but
does not limit or expand the scope of the second part, the operative
clause. The operative clause’s text and history demonstrate that it
connotes an individual right to keep and bear arms. Pp. 2–22.
(b) The prefatory clause comports with the Court’s interpretation
2 DISTRICT OF COLUMBIA v. HELLER
Syllabus
of the operative clause. The “militia” comprised all males physically
capable of acting in concert for the common defense. The Antifederalists
feared that the Federal Government would disarm the people in
order to disable this citizens’ militia, enabling a politicized standing
army or a select militia to rule. The response was to deny Congress
power to abridge the ancient right of individuals to keep and bear
arms, so that the ideal of a citizens’ militia would be preserved.
Pp. 22–28.
(c) The Court’s interpretation is confirmed by analogous armsbearing
rights in state constitutions that preceded and immediately
followed the Second Amendment. Pp. 28–30.
(d) The Second Amendment’s drafting history, while of dubious
interpretive worth, reveals three state Second Amendment proposals
that unequivocally referred to an individual right to bear arms.
Pp. 30–32.
(e) Interpretation of the Second Amendment by scholars, courts
and legislators, from immediately after its ratification through the
late 19th century also supports the Court’s conclusion. Pp. 32–47.
(f) None of the Court’s precedents forecloses the Court’s interpretation.
Neither United States v. Cruikshank, 92 U. S. 542, 553, nor
Presser v. Illinois, 116 U. S. 252, 264–265, refutes the individualrights
interpretation. United States v. Miller, 307 U. S. 174, does not
limit the right to keep and bear arms to militia purposes, but rather
limits the type of weapon to which the right applies to those used by
the militia, i.e., those in common use for lawful purposes. Pp. 47–54.
2. Like most rights, the Second Amendment right is not unlimited.
It is not a right to keep and carry any weapon whatsoever in any
manner whatsoever and for whatever purpose: For example, concealed
weapons prohibitions have been upheld under the Amendment
or state analogues. The Court’s opinion should not 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. Miller’s holding that the sorts of weapons protected are those
“in common use at the time” finds support in the historical tradition
of prohibiting the carrying of dangerous and unusual weapons.
Pp. 54–56.
3. The handgun ban and the trigger-lock requirement (as applied to
self-defense) violate the Second Amendment. The District’s total ban
on handgun possession in the home amounts to a prohibition on an
entire class of “arms” that Americans overwhelmingly choose for the
lawful purpose of self-defense. Under any of the standards of scrutiny
the Court has applied to enumerated constitutional rights, this
Cite as: 554 U. S. ____ (2008) 3
Syllabus
prohibition—in the place where the importance of the lawful defense
of self, family, and property is most acute—would fail constitutional
muster. Similarly, the requirement that any lawful firearm in the
home be disassembled or bound by a trigger lock makes it impossible
for citizens to use arms for the core lawful purpose of self-defense and
is hence unconstitutional. Because Heller conceded at oral argument
that the D. C. licensing law is permissible if it is not enforced arbitrarily
and capriciously, the Court assumes that a license will satisfy
his prayer for relief and does not address the licensing requirement.
Assuming he is not disqualified from exercising Second Amendment
rights, the District must permit Heller to register his handgun and
must issue him a license to carry it in the home. Pp. 56–64.
478 F. 3d 370, affirmed. |
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Tight is when the front end of my car hits the wall first and loose is when the back end hits first."
and scrape marks on the top of the helmet is a wheels up condition. |
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Eric Bradford
Master
Joined: 26 Nov 2006
Posts: 373
Location: Lakeside Park, KY
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| Posted: Thu Jun 26, 2008 8:28 am Post subject: |
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Ray- You are wound pretty tight on this but you should be and you are correct. It could be a matter of time but Camden could make it illeagal to put a 5 year old in a "Moon Man Suit" and send him into a turn @ 35 mph! Where would we be then? God Bless America! God save America!
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Eric Bradford #53 Masters Yamaha (Mid-Pack Club Racer at best) If... |
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RayM
Just Another Club Racer
Joined: 25 Nov 2006
Posts: 1470
Location: Upsidedown on the track
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| Posted: Thu Jun 26, 2008 10:42 am Post subject: |
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My biggest beef was the fact of cities baning law abiding citizens form owning a gun, whether it be for home defense , pleasure or hunting. I some point i do not have a problem with certain restrictions like schools , felons, mental etc etc... from owning or possession of weapons.
But to have a gun ban altogether was wrong. A law abiding citizen should be able to own a weapon for what ever his/her reasons are.
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Tight is when the front end of my car hits the wall first and loose is when the back end hits first."
and scrape marks on the top of the helmet is a wheels up condition. |
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RayM
Just Another Club Racer
Joined: 25 Nov 2006
Posts: 1470
Location: Upsidedown on the track
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| Posted: Fri Jul 18, 2008 8:28 am Post subject: |
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more interesting info:
This man won his case before the Supreme Court of the United States, and the officials in DC reject his application because he wants to register a semi-automatic pistol. I guess they missed the part in the opinion of the court that stated you can not ban a class of weapons.
http://www.wusa9.com/news/local/stor...4036&catid=158
WASHINGTON (WUSA) -- District residents can start registering their guns today. But at least one very high profile application was already rejected.
**** Heller is the man who brought the lawsuit against the District's 32-year-old ban on handguns. He was among the first in line Thursday morning to apply for a handgun permit.
But when he tried to register his semi-automatic weapon, he says he was rejected. He says his gun has seven bullet clip. Heller says the City Council legislation allows weapons with fewer than eleven bullets in the clip. A spokesman for the DC Police says the gun was a bottom-loading weapon, and according to their interpretation, all bottom-loading guns are outlawed because they are grouped with machine guns.
Besides obtaining paperwork to buy new handguns, residents also can register firearms they've had illegally under a 180-day amnesty period.
Though residents will be allowed to begin applying for handgun permits, city officials have said the entire process could take weeks or months.
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Tight is when the front end of my car hits the wall first and loose is when the back end hits first."
and scrape marks on the top of the helmet is a wheels up condition. |
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