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Countdown to the Heller Case-Seven Days.

DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
edited June 2008 in General Discussion
Countdown to the Heller Case-Seven Days.
http://www.crimefilenews.com/2008/06/countdown-to-heller-case-seven-days.html
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Comments

  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    He sounds rather optimistic.

    We shall see.
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  • DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    I envision people charged with gun carrying or possession to sue law enforcement agencies for violation of civil rights asking for injunctive relief barring prosecution. This might get to be fun... [:D]
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  • select-fireselect-fire Member Posts: 69,539 ✭✭✭✭
    edited November -1
    Federal rights will not be denied. However each state will probably decide their own laws as they are now with assault weapons, machine guns and carry laws.
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  • DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by select-fire
    Federal rights will not be denied. However each state will probably decide their own laws as they are now with assault weapons, machine guns and carry laws.
    They only way you could be correct about continued state laws banning certain guns and carrying others is if the Supreme Court does NOT apply the 14th Amendment to the Second. That would really be an unusual step considering every other right in the Bill of Rights is so incorporated.

    I suspect your dead wrong but we will have to wait and see if we have a right to keep and bear arms or not...
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  • OdawgpOdawgp Member Posts: 5,380 ✭✭
    edited November -1
    I have a feeling there will be exceptions and that loop hole will be big enough for the gun grabbers to drive a truck through[V]
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  • select-fireselect-fire Member Posts: 69,539 ✭✭✭✭
    edited November -1
    quote:Originally posted by Defender
    quote:Originally posted by select-fire
    Federal rights will not be denied. However each state will probably decide their own laws as they are now with assault weapons, machine guns and carry laws.
    They only way you could be correct about continued state laws banning certain guns and carrying others is if the Supreme Court does NOT apply the 14th Amendment to the Second. That would really be an unusual step considering every other right in the Bill of Rights is so incorporated.

    I suspect your dead wrong but we will have to wait and see if we have a right to keep and bear arms or not...


    I hope they drop all the gun laws. Our right to bear arms will not be denied thru our Federal govt. State govt. will make that decision. When the 14th amendment is challenged it will get interesting. Should the Supreme court argue the 14 with the 2nd be prepared for congress to ratify the 14th to their liking. That will not be pretty. I almost went down that road with the 14th in federal appeals court on a states right on a firearm. How would you have felt owning a federal permitted weapon not legal in your new state of residence? State law changed to my benefit without a court battle.
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  • AlpineAlpine Member Posts: 15,092 ✭✭✭✭
    edited November -1
    The decision will be a real turning point for the US. Either we will be headed down the road of the government nanny state, or headed down the road we all wish for.
    ?The problem with socialism is that you eventually run out of other people's money.?
    Margaret Thatcher

    "There are three kinds of lies: lies, damned lies and statistics."
    Mark Twain
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  • select-fireselect-fire Member Posts: 69,539 ✭✭✭✭
    edited November -1
    I still say they will leave it status quo and leave the laws up to the states.
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  • DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by select-fire
    I still say they will leave it status quo and leave the laws up to the states.

    So you insist that the court will not incorporate the 2nd Amendment with the others in the Bill of Rights?

    You are looking forward to the Bolshevik states keeping all kinds of gun bans?

    If you're right we will have no gun rights that our states won't give us.

    Let's hope your un-American acceptance of this is wrong.
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  • select-fireselect-fire Member Posts: 69,539 ✭✭✭✭
    edited November -1
    quote:Originally posted by Defender
    quote:Originally posted by select-fire
    I still say they will leave it status quo and leave the laws up to the states.

    So you insist that the court will not incorporate the 2nd Amendment with the others in the Bill of Rights?

    You are looking forward to the Bolshevik states keeping all kinds of gun bans?

    If you're right we will have no gun rights that our states won't give us.

    Let's hope your un-American acceptance of this is wrong.


    I also hope it is wrong. Just stating the govt. will stand status quo. Not to my liking but states have constitutions also. Some will still abolish certain firearms.
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  • DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    If the court incorporates the 2nd Amendment into the 14th Amendment the states will be bound by the 2nd and will not be able to violate our civil rights anymore. I suspect that will happen on Monday morning, Stay tuned!
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  • DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    Update: The court has at least 20 more opinions due before June 23 including Heller. The court announced they'd meet on Thursday morning which means they will unload some more cases. I still stand on my prediction that Heller will be their parting shot on June 23rd. If anything changes I will have it at www.crimefilenews.com first!
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  • RocklobsterRocklobster Member Posts: 7,060 ✭
    edited November -1
    quote:Originally posted by select-fire
    I still say they will leave it status quo and leave the laws up to the states.

    I agree, and being a Georgian, that'd be just fine with me!

    I have a feeling, though, that they may confirm that the 2nd is an individual right but that the gummint can still regulate as they see fit.
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  • OdawgpOdawgp Member Posts: 5,380 ✭✭
    edited November -1
    quote:Originally posted by select-fire
    I still say they will leave it status quo and leave the laws up to the states.


    If that is the case might we see the states going after other rights even those protected under the 14th amendment?

    The court has to be careful not to set a president, if they leave it up too the states, California, Illinois and D.C. will most certainly burn the US constitution and replace one of their own.
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