Gun Control Group Braces for Court Loss

This is a discussion on Gun Control Group Braces for Court Loss within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; The nation's leading gun control group filed a "friend of the court" brief back in January defending the gun ban in Washington, D.C. But with ...

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Thread: Gun Control Group Braces for Court Loss

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    Senior Member Array mrreynolds's Avatar
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    Gun Control Group Braces for Court Loss

    The nation's leading gun control group filed a "friend of the court" brief back in January defending the gun ban in Washington, D.C. But with the Supreme Court poised to hand down a potentially landmark decision in the case, the Brady Campaign to Prevent Gun Violence fully expects to lose.

    "We've lost the battle on what the Second Amendment means," campaign president Paul Helmke told ABC News. "Seventy-five percent of the public thinks it's an individual right. Why are we arguing a theory anymore? We are concerned about what we can do practically."

    While the Brady Campaign is waving the white flag in the long-running debate on whether the Second Amendment protects an individual's right to bear arms or merely a state's right to assemble a militia, it is hoping that losing the "legal battle" will eventually lead to gun control advocates winning the "political war."

    "We're expecting D.C. to lose the case," Helmke said. "But this could be good from the standpoint of the political-legislative side."

    The D.C. ban prohibits residents from keeping handguns inside their homes and requires that lawfully registered guns, such as shotguns, be locked and unloaded when kept at home.

    If the Supreme Court strikes down the D.C. gun ban, the Brady Campaign is hoping that it will reorient gun control groups around more limited measures that will be harder to cast as infringements of the Second Amendment.

    "The NRA [National Rifle Association] won't have this fear factor," Helmke said.

    Brady Campaign Attorney Dennis Henigan said there are multiple gun control measures that would not run afoul of a Supreme Court decision striking down the D.C. gun ban.

    "Universal background checks don't affect the right of self-defense in the home. Banning a super dangerous class of weapons, like assault weapons, also would not adversely affect the right of self-defense in the home," said Henigan. "Curbing large volume sales doesn't affect self-defense in the home."

    The Brady Campaign expects pro-gun groups to use the Supreme Court's decision in the DC case to challenge a gun ban in Chicago, the major city whose gun laws come closest to the nation's capital.

    Although the Brady Campaign expects the Chicago ordinance to be challenged, it thinks that it may survive because it does not have the restrictions on long guns like the ones found in Washington, D.C.

    The Chicago law may also survive because a decision in the D.C. case will likely not resolve the issue of whether the Second Amendment applies to the states and other cities that are not federal enclaves.

    Looking beyond the Supreme Court's D.C. gun ban case to the race for the White House, the Brady Campaign views Sen. Barack Obama, D-Ill., as a better friend to gun control advocates than Sen. John McCain, R-Ariz.

    But given that McCain stood by his support for closing "the gun-show loophole" during a recent speech to the N.R.A., the Brady Campaign president hopes that new gun restrictions can make headway regardless of who wins in November.

    "For John McCain to be the political candidate of the NRA shows how things have changed," Helmke said.
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  3. #2
    VIP Member Array Rob99VMI04's Avatar
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    this guy is a moron, I guess they are still missing that SHALL NOT BE INFRINGED PART. At least they recognize the 2A as not saying hunting or sport shooting anymore however, keep and bear (meaning have on you) as in walking around with in your daily activities is going to be the next hurdle to get these really stupid people to admit
    “Are you a thermometer or a thermostat, do you reflect or become what is happening in the room or do you change the atmosphere, reset the temperature when you come into the room”?--Chuck Swindoll

    Its not about guns...Its about Freedom!

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    I couldn't have said it better.
    Two roads diverged in a wood, and I—
    I took the one less traveled by,
    And that has made all the difference.

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    Member Array NKMG19's Avatar
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    super dangerous class of weapons
    What the hell does that mean.
    Anyway, one would think that both DC and Chicago would have very low crime rates considering that they have such tough gun laws. But wait, criminals don't obey the laws now, do they. Let law abiding citizens be responsible for their own safety.

    The D.C. ban prohibits residents from keeping handguns inside their homes and requires that lawfully registered guns, such as shotguns, be locked and unloaded when kept at home.
    This is madness.
    NRA Member

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    VIP Member Array Rob99VMI04's Avatar
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    Quote Originally Posted by NKMG19 View Post
    What the hell does that mean.
    Anyway, one would think that both DC and Chicago would have very low crime rates considering that they have such tough gun laws. But wait, criminals don't obey the laws now, do they. Let law abiding citizens be responsible for their own safety.

    This is madness.
    It means they have Black scary features.
    “Are you a thermometer or a thermostat, do you reflect or become what is happening in the room or do you change the atmosphere, reset the temperature when you come into the room”?--Chuck Swindoll

    Its not about guns...Its about Freedom!

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    Distinguished Member Array Colin's Avatar
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    the 2nd amendment being upheld as a indivdual right will help up here as well, it will suck the wind out of the sails of the gun control groups and break their morale.

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    Member Array K-31's Avatar
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    Guys guys guys (and gals), I understand being skeptical, but come on!

    Seventy-five percent of the public thinks it's an individual right.
    I've got some news for everyone: We. Have. WON.

    The Brady Campaign's tears, ahhh, they are delicious to me...

    :D

    yours/
    peter.

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    Ex Member Array Ram Rod's Avatar
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    Living, breathing, walking, talking wastes of society and DNA. They're using up all of our good oxygen. How can we stop this invasion?

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    Distinguished Member Array P7fanatic's Avatar
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    Cool

    I'd love to show him on a televized debate that a kitchen steak knife used by a home invader on a 80 year old woman is just as deadly as a AK-47 semi-auto.
    Their ignorance astounds me.



    "The price of freedom is eternal vigilance." -Thomas Jefferson

    "Liberalism is a Mental Disorder." -Michael Savage

    GOOD Gun Control is being able to hit your target! -Myself

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    VIP Member Array mlr1m's Avatar
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    It seems that they still dont get it. I'm also dissapointed that some of the pro-gun side dont get it either.

    Exactly what does the 2nd amendment have to do with home protection? From my reading of the federalist papers and other writings from that time period their reason for making sure the populace was armed was to keep the government in check.

    It was a fail safe mechanism in case all other remedies failed.
    I have never read anything in those writings that mentioned duck hunting either.

    Michael

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    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by mlr1m View Post
    Exactly what does the 2nd amendment have to do with home protection?
    Nothing.

    It is an attempt to influence the answer by changing the question.

    If you make the issue "home protection" instead of "liberty's teeth" you can go down an alternate road of restrictions and other details that would be unavailable to you if you have to look at the history and proper context of the right to bear arms.

    If you focus on home protection, then suddenly certain weapons just "aren't needed". You may need a shotgun...but certainly not a battle rifle. After all...its not like you are fighting an invading army, just defending your home...you don't want to kill someone down the street...or need that rifle able to kill a bunch of people in a mall...

    Do you?

    Good.

    So you don't need that AR, right?

    Right?



    Change the question till you get the answer you want.

    I'd simply reverse it and say "How can someone like you, who hates this dictator of a president we have, support taking our means to resist him away?

    Unless you aren't someone who supports freedom, and just are unhappy with THIS dictator, not the whole concept of a dictator in general?"

  13. #12
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    Mmmmm...

    I've always thought that it was..."a super dangerous class of criminals."

    OMO...

    Stay armed...stay safe!
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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    VIP Member Array Kerbouchard's Avatar
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    I've still got butterflies in stomach over this decision...it hardly seems right that such an important and fundamental decision will be decided by 9 people who are appointed for life.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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    Member Array kubmiester's Avatar
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    Am I the only one that has noticed that the Gun Control groups tend to use a lot of adjectives in their writings? Very emotional, with little fact.
    If only the militia can be armed, will the government pick the loyalists or the patriots?

    Was it our Founding Fathers intent to let someone like King George pick who can be a militia?

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    Restricted Member Array SelfDefense's Avatar
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    Quote Originally Posted by Kerbouchard View Post
    I've still got butterflies in stomach over this decision...it hardly seems right that such an important and fundamental decision will be decided by 9 people who are appointed for life.
    The Supreme Court is not provided any power to enforce their decision.

    From Federalist 78:

    Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary . . . may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

    This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two . . . that . . . the general liberty of the people can never be endangered from that quarter; I mean, so long as the judiciary remains truly distinct from both the legislative and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments
    The problem today is not the Supreme Court but rather, as Hamilton warned, the Executive has not separated itself from this branch and the combination of the two can absolutely do great harm to our society.

    The fears of the antifederalists have, unfortunately, come to pass. I usually do not agree with the antifederalist views but in this case they were spot on.

    From the Antifederalist 78-79:

    The supreme court under this constitution would be exalted above all other power in the government, and subject to no control...

    The judges in England, it is true, hold their offices during their good behavior, but then their determinations are subject to correction by the house of lords; and their power is by no means so extensive as that of the proposed supreme court of the union. . . . But the judges under this constitution will control the legislature, for the supreme court are authorised in the last resort, to determine what is the extent of the powers of the Congress. They are to give the constitution an explanation, and there is no power above them to set aside their judgment . . . there is no power above them that can control their decisions, or correct their errors.

    ...this court will be authorised to decide upon the meaning of the constitution; and that, not only according to the natural and obvious meaning of the words, but also according to the spirit and intention of it. In the exercise of this power they will not be subordinate to, but above the legislature . . . The supreme court then has a right, independent of the legislature, to give a construction to the constitution and every part of it, and there is no power provided in this system to correct their construction or do it away. If, therefore, the legislature pass any laws, inconsistent with the sense the judges put upon the constitution, they will declare it void; and therefore in this respect their power is superior to that of the legislature. In England the judges are . . . subject to have their decisions set aside by the house of lords, for error . . . But no such power is in the legislature. The judges are supreme and no law, explanatory of the constitution, will be binding on them.

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