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Supreme Court strikes down ban on handguns

FR7 Baptist

Active Member
The Supreme Court reversed a ruling upholding Chicago's ban on handguns Monday and extended the reach of the 2nd Amendment as a nationwide protection against laws that infringe on the "right to keep and bear arms."

The 5-4 decision appears to void the 1982 ordinance, one of the nation's strictest, which barred city residents from having handguns for their own use, even at home.

The ruling has both local and national implications.

Read More

This is very good news. I'm glad the Court chose to invoke selective incorporation and apply the Second Amendment to the States through the Fourteenth Amendment.
 
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Thinkingstuff

Active Member
I guess it is true. State's rights really are dead. :(

They've been dead since 1865. However, The right to bare arms for self protestion is a constitutional right afforded every us citizen no matter what state they reside in.
 

Ruiz

New Member
I can see how conservatives could both oppose and support the decision.

When reading through the decision, the majority felt the 2nd Amendment and the 14th were related. Thus, the 14th amendment made the 2nd applicable to every state. According to Scalia, who wrote opposing Steven's dissension to the bill, he said that the left wing of the congress by arguing against making the 2nd amendment applying to states, are actually arguing against Roe V. Wade, which made abortion legal in every state. He is right, the left side of this argument seems to be contradictory.

I could see a states right person arguing against this decision based upon their use of the 14th Amendment. To argue for this case, you may have to argue that the Federal Government's justification in applying Roe V. Wade to all states was valid. For liberals to argue against this decision, they then are arguing against Roe V. Wade's rationale to applying this law to all states.

This is a very interesting decision because of the irony.
 

just-want-peace

Well-Known Member
Site Supporter
Hmm - could we headline this story with

SCOTUS Strips States and Communities of Their Right to Control Gun Laws

?

We could also headline this story with:
"SCOTUS takes the first step in returning this country to a constitutional government."

Frankly, I like this one better than yours!:1_grouphug:;)
 

pinoybaptist

Active Member
Site Supporter
They've been dead since 1865. However, The right to bare arms for self protestion is a constitutional right afforded every us citizen no matter what state they reside in.

hmmmm....does it say if the arms we bare should have no tatoos on them ? lol. just kidding.....:tongue3:
 

Revmitchell

Well-Known Member
Site Supporter
They've been dead since 1865. However, The right to bare arms for self protestion is a constitutional right afforded every us citizen no matter what state they reside in.


How often do you protest yourself?

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poncho

Well-Known Member
Not So Fast:

Maybe SCOTUS' Chicago Gun Ban Ruling Shouldn't Be Celebrated

The Court's ruling, that the Second Amendment extends to all 50 states, seems like common sense to those of us who see the right to bear arms as a constitutionally-protected right. But I guess the Court needed to spell it out for some lawmakers. There is a problem with this ruling however, and the problem is twofold: 1) how the Court used the 14th Amendment to reach its ruling--which is how many bad Supreme Court decisions have been reached—should make anyone claiming fidelity to the purpose of the Constitution suspicious; 2) celebrating this ruling harms the credibility of those who claim to be in favor of state and local sovereignty.

CONTINUE
 

windcatcher

New Member
Hmm - could we headline this story with

SCOTUS Strips States and Communities of Their Right to Control Gun Laws

?
Actually the 2nd ammendment reads:

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.

Another way of looking at this with my opinion bracketed is:
A well regulated [those persons who exercise lawful and moral responsibility] Militia [those who are not part of a standing army but may be counted on in events of emergency for defence of family, community, state or country], being necessary to the security of a free State [for the defense of a free people, and defense of the State against unlawful aggression or insurrection] , the right of the people [all able bodied and sound of mind citizens] to keep [possess] and bear Arms [use in emergency for defense and protection], shall not be infringed [impaired or limited in any way by other law or obligation].

iow, imo, 'gun laws' regarding weapons of self defense like hand guns, rifles, or shot guns ...in private use and possession... are not constitutional. Neither the state nor the community has the right to upsurp the rights of the citizen... God given rights ... unalienable rights..... rights which exists without prerequisite requirements..... for him to protect himself, his family, or, if needed, his community, from harm.

The 10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

imo, this helps establish limitations to both the powers of the federal government and the power of the state to infringe by law upon the right of the people to bear arms. Any government... local or state or national may pass a law but it doesn't make that law constitutional. If a jury sits in question judging a person according to a law which has been passed... and any person sitting on that jury is aware of the constitution.... he has both a right and a duty to judge the law by which that person is prosecuted by the constitution before he judges him by the evidence against the law. If that person or persons reasons that the law is unconstitutional.... he owes it to his peers and future generations to vote for an acquittal despite the legal arguments and emotional appeal made by the prosecution.
 
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