Results 1 to 10 of 10

Thread: DC v Heller - Nordyke v King

  1. #1
    Founder's Club Member
    Join Date
    Jul 2008
    Location
    Austin, Texas, USA
    Posts
    161

    Post imported post

    I need help understanding these from you legal gurus. Am I understanding correctly that Heller gave the individual the right to carry a firearm for self protection, a state can regulate concealed carry or even ban it only if open carry is an option? or vise versus? If this is true and sense currently open carry is illegal in Texas, wouldn't it be unconstitutional to license concealed carry because not every one can afford a license?
    With Nordyke they are trying to incorporate the Second Amendment? Which means the states have to abide by the intentions of the US BOR 2A if their constitution is in violation of it given the Heller case?

    I'm still trying to learn all this stuff but man it makes my head hurt.

    I've searched through the forums and found a little info on these 2 cases I felt it may benifit everyone to place this in one place.

  2. #2
    Lone Star Veteran
    Join Date
    Apr 2008
    Location
    , Texas, USA
    Posts
    161

    Post imported post

    I'd be interested as well.

    Is there Case Law for Dummies? I'm interested in ordering a book

  3. #3
    Founder's Club Member
    Join Date
    Jul 2008
    Location
    Austin, Texas, USA
    Posts
    161

    Post imported post

    Shorts wrote:
    I'd be interested as well.

    Is there Case Law for Dummies? I'm interested in ordering a book
    I read this over at The Firing Line, in the post Mr March attached a pdf and it is what sparked my interest. It's about Cali but it made me wonder how it would pertain to Texas. I tried reading the cases he points out, but my eyes began to bleed.



    http://thefiringline.com/forums/showthread.php?t=327048

  4. #4
    Regular Member rodbender's Avatar
    Join Date
    Jun 2008
    Location
    Navasota, Texas, USA
    Posts
    2,524

    Post imported post

    2A has not been incorporated to the states through 14A as yet. Nordyke is an attempt to do this. Until it is, 2A only applies to the feds. States can do what they want. I know, but then the feds don't listen to the Constitution anymore on any subject.
    The thing about common sense is....it ain't too common.
    Will Rogers

  5. #5
    Regular Member
    Join Date
    Jun 2008
    Location
    , ,
    Posts
    9

    Post imported post

    First, the decision was specifically and narrowly on whether the DC handgun ban was constitutional, and the decision was 5-4 that it wasn't. 8 of the 9 justices, in their writing, believed that the 2A protected an individual right, but that wasn't the issue being decided upon.

    Second, since the locale was/is a federal district, the Heller decision has no bearing, directly and/or immediately, on cities and states, hence more lawsuits are in the works. Since the justices did state that the 2A was for an individual right, chances are that lower courts will follow this direction in the cases of San Fran, Chicago, etc., but that is not guaranteed.

    That is my take on it from reading the justices' writings and others on it, IANAL though so I may be off a bit.



  6. #6
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,961

    Post imported post

    Nordyke will only control in the 9th District, so it will not have any meaning for Texas unless it gets to the U.S. Supreme Court.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  7. #7
    Regular Member rodbender's Avatar
    Join Date
    Jun 2008
    Location
    Navasota, Texas, USA
    Posts
    2,524

    Post imported post

    SCOTUS is going to hear it on the 9th of January.

    Edit: Wrong Date
    The thing about common sense is....it ain't too common.
    Will Rogers

  8. #8
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    rodbender wrote:
    SCOTUS is going to hear it on the 9th of January.

    Edit: Wrong Date
    Sorry, not up to SCOTUS yet. Oral Arguements will be heard on 15 January IIRC, in front of the same 3 member panel of Judges from the 9th Circus...I mean Circuit Court that heard it the first time through.

  9. #9
    Opt-Out Members
    Join Date
    Jun 2008
    Location
    Texas, ,
    Posts
    23

    Post imported post

    GumiBear wrote:
    I need help understanding these from you legal gurus. Am I understanding correctly?...I'm still trying to learn all this stuff but man it makes my head hurt...
    Mr Bear, thank you for saying so...I thought I was the only one having problems with the "language of the law"! I know that I am not a stupid person...far from it, but this "legalese" really does (exactly like you say)...makes my head heart. It is like a foreign language.

    And Shorts, I'd sign up for a copy of that book.. Case Law for Dummies.

    Why is the law written this way? I don't think it is an accident! I think there is a method to their madness... if it was easy to understand, then we wouldn't need to hire lawyers...would we?!

  10. #10
    Regular Member
    Join Date
    Dec 2008
    Location
    San Diego, California, USA
    Posts
    42

    Post imported post

    ..

Posting Permissions

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