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Thread: McDonald v. City of Chicago, analysis by Lyle Denniston, SCOTUSblog

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    McDonald v. City of Chicago, analysis by Lyle Denniston, SCOTUSblog

    http://www.scotusblog.com/2010/06/an...al/#more-22366

    [Excerpt]
    Analysis

    Five members of the Supreme Court on Monday assured state, county and city officials not to worry: the new decision protecting a “right to keep and bear arms” against government action at any level — local, state or national — “does not imperil every law regulating firearms.” But the Court majority did not have any assurances for judges at every level, that they will be spared the duty of ruling on many forms of gun regulation that a legislature, county board, or city council has chosen to enact. And the Court gave those judges very little guidance, in its ruling in McDonald, et al., v. Chicago, on how they are to analyze those laws.

    From the decision, Breyer dissenting;

    Consider too that countless gun regulations of manyshapes and sizes are in place in every State and in manylocal communities. Does the right to possess weapons forself-defense extend outside the home? To the car? To work? What sort of guns are necessary for self-defense?Handguns? Rifles? Semiautomatic weapons? When is a gun semi-automatic? Where are different kinds of weapons likely needed? Does time-of-day matter? Does the presence of a child in the house matter? Does the pres-ence of a convicted felon in the house matter? Do police need special rules permitting pat downs designed to find guns? When do registration requirements become severe to the point that they amount to an unconstitutional ban?Who can possess guns and of what kind? Aliens? Prior drug offenders? Prior alcohol abusers? How would the right interact with a state or local government’s ability to take special measures during, say, national security emergencies? As the questions suggest, state and local gun regulation can become highly complex, and these “are only a few uncertainties that quickly come to mind.”
    Last edited by Doug Huffman; 06-28-2010 at 06:26 PM.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by Doug Huffman View Post
    From the decision, Breyer dissenting;

    Consider too that countless gun regulations of manyshapes and sizes are in place in every State and in manylocal communities. Does the right to possess weapons forself-defense extend outside the home? To the car? To work? What sort of guns are necessary for self-defense?Handguns? Rifles? Semiautomatic weapons? When is a gun semi-automatic? Where are different kinds of weapons likely needed? Does time-of-day matter? Does the presence of a child in the house matter? Does the pres-ence of a convicted felon in the house matter? Do police need special rules permitting pat downs designed to find guns? When do registration requirements become severe to the point that they amount to an unconstitutional ban?Who can possess guns and of what kind? Aliens? Prior drug offenders? Prior alcohol abusers? How would the right interact with a state or local government’s ability to take special measures during, say, national security emergencies? As the questions suggest, state and local gun regulation can become highly complex, and these “are only a few uncertainties that quickly come to mind.”

    I find it difficult to believe that Justice Breyer is THIS clueless with regards to state and federal firearms laws, common law, and previous case law. Is he really so clueless as to not know whether a rifle or shotgun is appropriate for self-defense use? Perhaps he needs to go back and review Thompson v. United States.

    Does he really not know if it is appropriate to carry a pistol for self-defense. Perhaps a review of Gourko v. United States is in order.

    He's unsure about how police pat-down searches and detainments can be conducted? Perhaps reviews of Terry v. Ohio and St. John v. Alamogordo DPS might be a good idea.

    Doe he really not know if there should be a required "duty to retreat" when attacked with deadly force, before someone may defend himself? I would suggest a review of Beard v. United States is in order.

    I find it more than a little disconcerting that a seated Supreme Court Justice is not familiar with the history of his own institution with regards to the Case Law regarding Self Defense.

    Perhaps Justice Breyer needs to go back to Harvard Law School for a few refresher Courses.
    Last edited by Dreamer; 06-28-2010 at 07:11 PM.

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    Quote Originally Posted by Doug Huffman View Post
    From the decision, Breyer dissenting:
    "When is a gun semi-automatic?”
    Wow, and this guy is deciding on gun laws at the highest level?

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    He knows. He's just IN DENIAL like Helmke and all of his ilk.

    What a crock of garbage he wrote there. We should all send a piece of cheese to the anti's and the four Supreme Court ignorants...... what kind of cheese would go well with that kind of large volume whine? Velveeta?

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    Exclamation

    From the decision, Breyer dissenting;

    Consider too that countless gun regulations of manyshapes and sizes are in place in every State and in manylocal communities. Does the right to possess weapons for self-defense extend outside the home? To the car? To work? What sort of guns are necessary for self-defense?Handguns? Rifles? Semiautomatic weapons? When is a gun semi-automatic? Where are different kinds of weapons likely needed? Does time-of-day matter? Does the presence of a child in the house matter? Does the pres-ence of a convicted felon in the house matter? Do police need special rules permitting pat downs designed to find guns? When do registration requirements become severe to the point that they amount to an unconstitutional ban?Who can possess guns and of what kind? Aliens? Prior drug offenders? Prior alcohol abusers? How would the right interact with a state or local government’s ability to take special measures during, say, national security emergencies? As the questions suggest, state and local gun regulation can become highly complex, and these “are only a few uncertainties that quickly come to mind.”[/QUOTE]

    Are you ******** me? Did he seriously ask that question? DO CONSTITUTIONAL RIGHTS EXTEND OUTSIDE OF THE HOME?

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    Quote Originally Posted by simmonsjoe View Post
    From the decision, Breyer dissenting;

    "Consider too that countless gun regulations of manyshapes and sizes are in place in every State and in manylocal communities. Does the right to possess weapons for self-defense extend outside the home? Yes. To the car? Yes To work? Yes What sort of guns are necessary for self-defense? Handguns? Yes Rifles? Yes Semiautomatic weapons? Yes When is a gun semi-automatic? When the next round is automatically chamber and the hammer is cocked when the weapon is fired, but another trigger pull is required to fire that next round. Duh. Where are different kinds of weapons likely needed? The law already recognizes that the response must be comensurate with the threat. Does time-of-day matter? No Does the presence of a child in the house matter? Not to the right. Does the pres-ence of a convicted felon in the house matter? Not his mere presence, and not to the right. Do police need special rules permitting pat downs designed to find guns? The rules are already in place. When do registration requirements become severe to the point that they amount to an unconstitutional ban? Always. Who can possess guns and of what kind? Aliens? Legal, yes; illegal, no. Prior drug offenders? That would be a matter of State policy, but generally, yes. Prior alcohol abusers? That would be a matter of State policy, but generally, yes. How would the right interact with a state or local government’s ability to take special measures during, say, national security emergencies? None whatsoever. The people need to protect themselves MORE during emergencies. As the questions suggest, state and local gun regulation can become highly complex, and these “are only a few uncertainties that quickly come to mind."

    Are you ******** me? Did he seriously ask that question? DO CONSTITUTIONAL RIGHTS EXTEND OUTSIDE OF THE HOME?
    Ya know what? I'm just gonna answer his questions. They ain't that hard (even though he thinks they are).

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    Does the right to possess weapons for self-defense extend outside the home?
    I cannot think of a single place in all our country, in all our history, or in any even wildly fathomable iteration of common sense, where just because you happen to be there, you are no longer granted the right to preserve your life.

    That is simply the most assinine statement I have ever heard and I have heard quite a few.
    The Dogs of War are nothing compared to the Cats

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    An Open Letter to Justic Breyer...

    Resign.


    Sincerely,

    Nick Smith
    Tacoma Washington
    Live Free or Die!

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