• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

DC v Heller - Nordyke v King

GumiBear

Founder's Club Member
Joined
Jul 13, 2008
Messages
161
Location
Austin, Texas, USA
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.
 

Shorts

Lone Star Veteran
Joined
Apr 13, 2008
Messages
161
Location
, Texas, USA
imported post

I'd be interested as well.

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

GumiBear

Founder's Club Member
Joined
Jul 13, 2008
Messages
161
Location
Austin, Texas, USA
imported post

Shorts wrote:
I'd be interested as well.

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

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.
confused15.gif




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

rodbender

Regular Member
Joined
Jun 23, 2008
Messages
2,519
Location
Navasota, Texas, USA
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.
 

MBGuy

New member
Joined
Jun 30, 2008
Messages
9
Location
, ,
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.
 

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
1,865
Location
Rosamond, California, USA
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.
 

ironclad

Opt-Out Members
Joined
Jun 25, 2008
Messages
23
Location
Texas, ,
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?!
 
Top