Heller and "Shall Issue"...??? - Page 2

Heller and "Shall Issue"...???

This is a discussion on Heller and "Shall Issue"...??? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I think the wording of Heller is significant in that the majority does not specifically limit this right to the home. I believe the phrase ...

Page 2 of 2 FirstFirst 12
Results 16 to 19 of 19

Thread: Heller and "Shall Issue"...???

  1. #16
    VIP Member Array mcp1810's Avatar
    Join Date
    Jan 2007
    Location
    Texas
    Posts
    5,104
    I think the wording of Heller is significant in that the majority does not specifically limit this right to the home. I believe the phrase was "such as the home". IANAL but it seems to me that opens the door to challenging "may issue" in places like Maryland. What we need is someone of good standing to get denied a carry permit and file suit. If "keeping" and "bearing" are both protected as this court seems to have stated ( they do mention restrictions on sensitive locations ) we just need someone that has grounds to file!
    Infowars- Proving David Hannum right on a daily basis


  2. #17
    VIP Member Array Kerbouchard's Avatar
    Join Date
    Dec 2007
    Location
    Texas
    Posts
    2,894
    Quote Originally Posted by mcp1810 View Post
    I think the wording of Heller is significant in that the majority does not specifically limit this right to the home. I believe the phrase was "such as the home". IANAL but it seems to me that opens the door to challenging "may issue" in places like Maryland. What we need is someone of good standing to get denied a carry permit and file suit. If "keeping" and "bearing" are both protected as this court seems to have stated ( they do mention restrictions on sensitive locations ) we just need someone that has grounds to file!
    Scalia specifically declined to comment on 'registration' or 'outside the home' because of Heller's specific case. He also said there would be plenty of time for cases in the future to exactly define the limitations. The fact that he 'ordered' the District to issue the license unless Heller was otherwise disqualified speaks volumes for a 'shall issue' case in the future. It will come, but I agree. We do need a person of good standing to be denied, and I hope he prepares his case well and does not try to make a broad change. Heller and his attorney were spot on. 'Gun Control' has been something that has chipped away at our civil liberties, and we need to 'chip' back. This isn't something we can do with a sledge hammer; but rather a sculptor's chisel. If you hit the right spot, the rest of it falls apart, but you can't just go swinging away.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

    http://miscmusings.townhall.com/

    Who is John Galt?

  3. #18
    Senior Member Array gddyup's Avatar
    Join Date
    Jan 2006
    Location
    Derry, NH
    Posts
    988
    Quote Originally Posted by Kerbouchard View Post
    Scalia specifically declined to comment on 'registration' or 'outside the home' because of Heller's specific case. He also said there would be plenty of time for cases in the future to exactly define the limitations. The fact that he 'ordered' the District to issue the license unless Heller was otherwise disqualified speaks volumes for a 'shall issue' case in the future. It will come, but I agree. We do need a person of good standing to be denied, and I hope he prepares his case well and does not try to make a broad change. Heller and his attorney were spot on. 'Gun Control' has been something that has chipped away at our civil liberties, and we need to 'chip' back. This isn't something we can do with a sledge hammer; but rather a sculptor's chisel. If you hit the right spot, the rest of it falls apart, but you can't just go swinging away.
    You make a very good point. My overall impression of the opinion is that we have finally had a decent hit with our "chisel". Inasfar as shall issue and many other points that are faintly touched upon in the decision, all we need is a few more small taps in the right place with that "chisel" to bring down that wall.
    Firefighter/EMT
    "You've never lived until you've almost died. For those who fight for it, life has a flavor the protected will never know" - T.R.

    <----My LT was unhappy that I did not have my PASS-Tag at that fire. But I found the body so he said he would overlook it. :)

  4. #19
    VIP Member Array Kerbouchard's Avatar
    Join Date
    Dec 2007
    Location
    Texas
    Posts
    2,894
    Quote Originally Posted by gddyup View Post
    You make a very good point. My overall impression of the opinion is that we have finally had a decent hit with our "chisel". Inasfar as shall issue and many other points that are faintly touched upon in the decision, all we need is a few more small taps in the right place with that "chisel" to bring down that wall.
    Exactly, but as D.C. and the Brady Campaign have learned, taking the wrong case can be disastrous to any cause.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

    http://miscmusings.townhall.com/

    Who is John Galt?

Page 2 of 2 FirstFirst 12

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Shooting in Detroit / 2nd issue "full-auto"
    By Thanis in forum In the News: The Good, the Bad and the Ugly
    Replies: 11
    Last Post: May 22nd, 2010, 11:39 AM
  2. My question promoting fair concealed carry issue in "Ask CA Gov re: budget crisis"
    By cyberdogg in forum Concealed Carry Issues & Discussions
    Replies: 0
    Last Post: June 5th, 2009, 04:40 PM
  3. "Issue isn't gun rights" -- "right for churches to set their own rules"
    By DaveH in forum The Second Amendment & Gun Legislation Discussion
    Replies: 24
    Last Post: February 15th, 2009, 12:36 PM
  4. Make "The Heller Bet" with an anti-gunner!
    By BlackPR in forum General Firearm Discussion
    Replies: 9
    Last Post: April 8th, 2008, 07:03 PM
  5. Shout out to the cops on "issue" firearms & ammo?
    By ExSoldier in forum Law Enforcement, Military & Homeland Security Discussion
    Replies: 25
    Last Post: September 15th, 2007, 03:52 AM

Search tags for this page

heller may issue

Click on a term to search for related topics.