On the docket...

This is a discussion on On the docket... within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; http://www.scotusblog.com/wp/second-...ases-up-early/ Second Amendment cases up early The Supreme Court will consider two new cases on the scope of individuals' Second Amendment right to have guns ...

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  1. #1
    Restricted Member Array SelfDefense's Avatar
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    On the docket...

    http://www.scotusblog.com/wp/second-...ases-up-early/

    Second Amendment cases up early

    The Supreme Court will consider two new cases on the scope of individuals' Second Amendment right to have guns at its first Conference for the new Term, on Sept. 29, according to the Court's electronic docket. Both petitions challenge a Seventh Circuit Court ruling that the Amendment does not restrict gun control laws*adopted by state, county or city government, but applies only to federal laws. The cases are National Rifle Association
    v. Chicago (08-1497) and McDonald v. Chicago (08-1521).

    The so-called 'incorporation' issue is the most significant sequel issue raised in the wake of the Court's 2008 decision in District of Columbia v. Heller, recognizing for the first time a personal right to have a gun for self-defense, at least in one's home.

    If the Court agrees to hear the new cases after its first look, that could be announced as early as the day after the Conference that is, on Wed., Sept. 30. The first Conference of a new Term customarily is held in advance of the Term's formal opening; this year, the Term starts Oct. 5.

    The Court has not yet scheduled a time to consider another pending case on the Second Amendment issue Maloney v. Rice (08-1592). The response in that case is now due on Aug. 28. The new Justice, Sonia Sotomayor, took part in the Maloney case when she was on the Second Circuit Court. Like the Seventh Circuit, the Second found that the Second Amendment only applies to federal laws. When the Justices consider the Maloney case, Sotomayor is not expected to take part. The fact that she had taken part in a ruling on the issue in one case, however, would not require her to withdraw from considering cases from other Circuits, like the Chicago cases.

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  3. #2
    Distinguished Member Array tangoseal's Avatar
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    WOW finally we may get some justice where our rights deserve justice.

    I pray for the people in Chicago that they will obtain their right to carry which was unlawfully taken from them from the get go.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

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    Senior Member Array ElMonoDelMar's Avatar
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    I doubt right to carry will directly come from this to Chicago. I think what they are hoping for is just the right to own pistols and other prohibited weapons.

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    Thank you, SD. Interesting fall!
    Richard

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    "But if they don't exist, how can a man see them?"

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    Senior Member Array stanislaskasava's Avatar
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    I know you're looking forward to this, SD.

    From what I saw in Heller, I expect these decisions to be equally politically convenient, regardless of what is presented. I expect the status quo to be maintained for stability. I won't like it, but that's what I expect.

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    Senior Member Array press1280's Avatar
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    Quote Originally Posted by ElMonoDelMar View Post
    I doubt right to carry will directly come from this to Chicago. I think what they are hoping for is just the right to own pistols and other prohibited weapons.
    No, but other carry cases in DC and California could affect IL's carry/no carry policy in the future. Everything goes step by step.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

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