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Second Amendment Discussion & News We all know people that are "anti-gun". Make your best argument, post statistics, stories, etc that may help state why legal gun ownership is a good thing. Help us all by posting only accurate information.

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Old March 18th, 2008, 05:03 PM   #91
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Originally Posted by cphilip View Post
Indeed.... I saw that being handed up and out too. Training, Vision testing, Registration and competency testing all is open to being "reasonable"....
It would not surprise me.
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Old March 18th, 2008, 05:05 PM   #92
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Reuters: U.S. Conservative Justices question City handgun ban.
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Old March 18th, 2008, 05:07 PM   #93
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DC v. Heller Audio & Transcript

In case you want to read and hear the arguments.
DC v Heller Audio

DC v. Heller Transcript.

Those subscribed to the GunTalk podcast will get the download as soon as you plug your Ipod
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Old March 18th, 2008, 05:08 PM   #94
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AP: Reactions to the Case
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Old March 18th, 2008, 05:09 PM   #95
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"I am proud to have joined in an amicus brief to the court calling for a ruling in keeping with the clear intent of our Founding Fathers, which ensures the Second Amendment rights of the residents of District of Columbia are reaffirmed." — Sen. John McCain, R-Ariz.
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CHIEF JUSTICE ROBERTS: Thank you, Mr. Dellinger.

The case is submitted.
amen to that.
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DELLINGER in front of Supreme Court, March 18, 2008:
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Now, you can't register a handgun, you can't carry a handgun, but that's because its both -- its possession is prohibited... You're not allowed to register handguns is the mechanism by which they are prohibited.

Last edited by nutz4utwo; March 18th, 2008 at 05:16 PM. Reason: added McCain quote
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Old March 18th, 2008, 05:17 PM   #96
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I am disappointed that Gura (a Heller lawyer) doesn't think a machine gun is an "arm' related to militia/military use that is in common use. It certainly seems clear to me that is has military use, and if it weren't for the federal legislation regulating them, they would be in common use. pages 61-62 of the arguments. The justices caught him on it.
I think it is important to remember the scope of this case before the supremes .

The scope of it is basicly to answer the questions of :
1. Is the second amendment a collective or an individual right ?
and
2. Can a jurisdiction ban certain common types of firearms ? and if so what types are subject to restriction ( think pistols ) .

Out of the SCOUS decision in june or so we will get a whole new set of case law however they will IMHO render a narrow opinion on constitutional law , not a sweep for either our side or the libs side . Whatever they decide and however they word it it will still fall to us to challenge local laws in the federal forum to see if they pass the test of the opinion . Folks have called this the Roe VS Wade of firearms and imho that is accurate . It sets a standard for the circuit courts to use as a benchmark nothing more or less . The day after Roe VS Wade you could not in Ulyssis Ks or Lamar Co get a publicly funded abortion , nor am i sure you can today . However neither small town can forbid abortions as a matter of law . I specifically brought up abortion and gunrights in the same post because they are both " tripwire " issues where many react emotionally .

IMHO the second is about to be codified as an individual right , however it is up to us to challange restrictions to establish a standard for reasonable ( restrictions ) if any.
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Old March 18th, 2008, 05:26 PM   #97
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I'm listening to the audio.. I almost feel sorry for Dellinger---Almost :)
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Old March 18th, 2008, 05:34 PM   #98
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Thanks for posting all of that. I listened to about an hour of it on the internet from CSpan today before I had to go out. We're depending on some very intelligent individuals to decide the matter and ultimately find what's right and true. Crossing our fingers or toes won't cut it in my opinion. We need to pray the Good Lord sees fit to give these people the Divine guidance needed to come to the correct conclusion since obviously 200+ years have seemed to have left an opening for some interpretations. I truly believe the Good Lord guided our forefathers and what they wrote for this nation to live by. In God We Trust are words to live by also. We must trust in God now--to give the wisdom in this time of need. If not, I feel the separation of our nation from God would only grow, and we've already seen the attempts made at that. God bless America.
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Old March 18th, 2008, 05:37 PM   #99
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Quote:
"... reasonable restrictions ..."
Hard to see how this line of logic can survive, given that possession and bearing of arms shall not be infringed.
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Old March 18th, 2008, 05:57 PM   #100
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Post

From the WSJ:

Quote:
WASHINGTON -- The U.S. Supreme Court Tuesday, hearing arguments over a Washington, D.C., ban on handguns, appeared ready to affirm a constitutional right for individual gun ownership.

But it was less clear how and to what extent the high court might invalidate the D.C. law, which is the strictest set of gun regulations in the country.

Justice Anthony Kennedy, the court's key swing vote, stated his position on the Second Amendment to the U.S. Constitution early in the arguments, giving gun rights supporters on the high court a likely majority on a divided court.

"In my view it supplements it, saying there is a general right to bear arms," Justice Kennedy said, explaining he believes the Second Amendment covers both the right of states to form militias and the rights of individuals to own guns.
And:

Quote:
The court allotted extra time beyond the usual hour it gives for oral arguments in appeals.
Also:

Quote:
Moderate and liberal members of the court made it clear they didn't see a broad individual gun ownership right. Justice John Paul Stevens several times turned to the political context in which the Second Amendment was written, noting that language in Pennsylvania and Vermont constitutions that covered self-defense rights were rejected during development of the Second Amendment.
Here's the summary:

Quote:
It wasn't clear, however, whether the case would split 5-4 with Justice Kennedy voting on the conservative side. Justice Stephen Breyer asked several hypothetical questions that assumed an individual right but focused closely on whether the D.C. gun ban is reasonable given the level of criminal violence the city has faced.
Quote:
A decision in the case, D.C. v. Heller, is expected by July.
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