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Thread: SCOTUS RULING... the one we've been waiting for

  1. #1
    Regular Member Nevada carrier's Avatar
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    SCOTUS RULING... the one we've been waiting for

    http://www.msnbc.msn.com/id/37972148...me_and_courts/

    WASHINGTON The Supreme Court ruled Monday that the Constitution's "right to keep and bear arms" applies nationwide as a restraint on the ability of the federal, state and local governments to substantially limit its reach.
    By a 5-4 vote split along familiar ideological lines, the nation's highest court extended its landmark 2008 ruling that individual Americans have a constitutional right to own guns to all the cities and states for the first time.
    In doing so, the justices signaled that less severe restrictions could survive legal challenges. The ruling involved a 28-year-old handgun ban in the Chicago area.
    The ruling was a victory for four Chicago-area residents, two gun rights groups and the politically powerful National Rifle Association.
    It was a defeat for Chicago, which defended its ban as a reasonable exercise of local power to protect public safety. The law and a similar handgun ban in suburban Oak Park, Ill., were the nation's most restrictive gun control measures.

    Justice Samuel Alito, writing for the court, said the Second Amendment right "applies equally to the federal government and the states."
    Five conservative-moderate justices were in favor of gun rights and the four liberals, opposed.

    Two years ago, the court declared that the Second Amendment protects an individual's right to possess guns, at least for purposes of self-defense in the home.
    That ruling applied only to federal laws. It struck down a ban on handguns and a trigger lock requirement for other guns in the District of Columbia, a federal city with a unique legal standing. At the same time, the court was careful not to cast doubt on other regulations of firearms here.
    Gun rights proponents almost immediately filed a federal lawsuit challenging gun control laws in Chicago and Oak Park, Ill. The Brady Center to Prevent Gun Violence says those laws appear to be the last two remaining outright bans.
    Lower federal courts upheld the two laws, noting that judges on those benches were bound by Supreme Court precedent and that it would be up to the high court justices to ultimately rule on the true reach of the Second Amendment.
    'Freedom'
    The Supreme Court already has said that most of the guarantees in the Bill of Rights serve as a check on state and local, as well as federal, laws.
    Wayne LaPierre, CEO and executive vice president of the NRA, told msnbc that the ruling reiterated that gun ownership was a "constitutional freedom ... for every American citizen."
    The ruling on gun rights and three other cases came in its last meeting until the fall and the final day of Justice John Paul Stevens' long service.

  2. #2
    Regular Member Nevada carrier's Avatar
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    What needs to happen now is a ruling that states that a total ban on open carry is not a reasonable regulation of firearms. we got the SCOTUS to make it clear what the "Keep" in the second amendment means now we need them to address the word "bear." If we can get them to do that, then every state will be an open carry state! Though this may happen should some California residents pursue a challenge to the constitutionality of AB 1397.

  3. #3
    Regular Member LvstudentDoc's Avatar
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    Thank G-d we had this come down when it did and how it did. What this reaffirms is that fact that were one commie vote away from loosing our fundamental rights mandated in the constitution. Im thinking i new gun to celebrate is in order!

  4. #4
    Regular Member flagellum's Avatar
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    OMG, This makes me so happy. I hope this can mean salvation for my comrades back in Kalifornia.

  5. #5
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    This is MIDWAY, not NAGASAKI.

    We have won a major victory, but that just opens up the way for some important battles yet to come.

    All that the Supremes have done is say that WITHIN BOUNDARIES, the 2nd Amendment protects individuals (Heller Decision) and that it applies to all levels of government.

    The question is WHAT boundaries are Constitutional, and these battles must be fought at the local and state level.

  6. #6
    Regular Member Nevada carrier's Avatar
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    Quote Originally Posted by DVC View Post
    This is MIDWAY, not NAGASAKI.

    We have won a major victory, but that just opens up the way for some important battles yet to come.

    All that the Supremes have done is say that WITHIN BOUNDARIES, the 2nd Amendment protects individuals (Heller Decision) and that it applies to all levels of government.

    The question is WHAT boundaries are Constitutional, and these battles must be fought at the local and state level.
    Certainly Kalifornia's AB 1397 crosses the constitutional line

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