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Bang / Guns
See other Bang / Guns Articles

Title: High Court’s Big Ruling For Gun Rights
Source: FNC
URL Source: http://liveshots.blogs.foxnews.com/ ... rts-big-ruling-for-gun-rights/
Published: Jun 28, 2010
Author: Lee Ross
Post Date: 2010-06-28 12:53:47 by Badeye
Keywords: None
Views: 7896
Comments: 16

High Court’s Big Ruling For Gun Rights June 28, 2010 - 10:07 AM | by: Lee Ross In its second major ruling on gun rights in three years, the Supreme Court Monday extended the federally protected right to keep and bear arms to all 50 states. The decision will be hailed by gun rights advocates and comes over the opposition of gun control groups, the city of Chicago and four justices.

Justice Samuel Alito wrote for the five justice majority saying "the right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated in an evenhanded manner."

The ruling builds upon the Court's 2008 decision in D.C. v. Heller that invalidated the handgun ban in the nation's capital. More importantly, that decision held that the Second Amendment right to keep and bear arms was a right the Founders specifically delegated to individuals. The justices affirmed that decision and extended its reach to the 50 states. Today's ruling also invalidates Chicago's handgun ban.

Backgrounder:

WASHINGTON -- The Supreme Court appears poised to issue a ruling that will expand to the states the high court's historic 2008 ruling that individuals have a federally protected right to keep and bear arms, following an hour-long argument Tuesday. If so, the decision would mark another hallmark victory for gun rights advocates and likely strike down Chicago's handgun ban that is similar to the Washington D.C. law already invalidated by the justices.

Tuesday's lively arguments featured lawyer Alan Gura, the same man who argued and won D.C. v. Heller in 2008. He now represents Otis McDonald who believes Chicago's handgun ban doesn't allow him to adequately protect himself. Gura argued the Heller decision which only applied to Washington D.C. and other areas of federal control should equally apply to Chicago and the rest of the country.

"In 1868, our nation made a promise to the McDonald family that they and their descendants would henceforth be American citizens, and with American citizenship came the guarantee enshrined in our Constitution that no State could make or enforce any law which shall abridge the privileges or immunities of American citizenship," Gura told the Court.

He argued the language of the Constitution's 14th Amendment forces the states to protect the rights guaranteed by the Second Amendment. The Bill of Rights, which was adopted in the late 18th Century, was then commonly viewed as only offering protections from the federal government.

It wasn't until after the Civil War that the Supreme Court in a piecemeal fashion began to apply--or incorporate--parts of the Bill of Rights to the states. It has used the 14th Amendment's Due Process Clause to incorporate most of the Constitution's first amendments but has not yet done so for the Second Amendment. Gura argued that another part of the 14th Amendment would be a better vehicle for the justices to make their ruling but there didn't appear to be enough support from the bench on that front.

Chief Justice John Roberts was the most vocal advocate of using the Due Process Clause to extend the Second Amendment rights to the states. "I don't see how you can read -- I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

The discussion over "liberty" was a major philosophical theme of the arguments. Gura and National Rifle Association lawyer Paul Clement argued that the rights articulated in the Second Amendment are fundamental freedoms and would exist to all Americans even if there was no law specifically saying so.

James Feldman, lawyer for the City of Chicago, defended his city's handgun ban and argued why the Heller decision's Second Amendment guarantee doesn't comport with the view that it represents a vital protection of liberty that needs to be expanded to the states.

"[T]he right it protects is not implicit in the concept of ordered liberty," Feldman said. "States and local governments have been the primary locus of firearms regulation in this country for the last 220 years. Firearms unlike anything else that is the subject of a provision of the Bill of Rights are designed to injure and kill."

Justice Ruth Bader Ginsburg dissented in Heller and wondered why the right to bear arms was necessary to extend to the states. "[I]f the notion is that these are principles that any free society would adopt, well, a lot of free societies have rejected the right to keep and bear arms."

Later in the arguments Roberts disputed that notion. "I do think the focus is our system of ordered liberty, not any abstract system of ordered liberty. You can say Japan is a free country, but it doesn't have the right to trial by -- by jury."

Roberts was part of the five member majority in Heller and there's a good chance Tuesday's case will result in a similar 5-4 outcome. All of the members of the Heller majority are still on the Court and at least one of them would have to rule against extending the Second Amendment protection in order for the opposing side to prevail.

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#1. To: All (#0)

The ruling builds upon the Court's 2008 decision in D.C. v. Heller that invalidated the handgun ban in the nation's capital. More importantly, that decision held that the Second Amendment right to keep and bear arms was a right the Founders specifically delegated to individuals. The justices affirmed that decision and extended its reach to the 50 states. Today's ruling also invalidates Chicago's handgun ban.

Here's hoping Sarah Brady is as angry about this as I am pleased.

News Update: Owe-bama ordered eggs and toast for breakfast. ABC/NBC/CBS/MSNBC/CNN all agree the decision to avoid bagels was 'Brilliant!' (eyes rolling)

Badeye  posted on  2010-06-28   13:00:20 ET  Reply   Trace   Private Reply  


#2. To: Badeye (#1)

Here's hoping Sarah Brady is as angry about this as I am pleased.

Yeah that Reagan administration really knew how to pick 'em.

Making the world safe for United Fruit.

mininggold  posted on  2010-06-28   13:07:41 ET  Reply   Trace   Private Reply  


#3. To: mininggold (#2)

The Reagan Administration hired Sarah Brady?

Didn't know that. What position did she hold within the Reagan Administration?

News Update: Owe-bama ordered eggs and toast for breakfast. ABC/NBC/CBS/MSNBC/CNN all agree the decision to avoid bagels was 'Brilliant!' (eyes rolling)

Badeye  posted on  2010-06-28   13:15:43 ET  Reply   Trace   Private Reply  


#4. To: Badeye (#3)

Sarah Brady

The sot fails to recognize that Sarah became an anti-gunner after Papa caught one in the noggin. Much like their idol Carolyn McCarthy, who after Colin Ferguson, a crazed illegal from some 3rd world slum, killed her hubby as he cowered (unarmed) under his seat on the LIRR.

Am I a liberal or a conservative? - Fredo Mertz

Jethro Tull  posted on  2010-06-28   13:22:11 ET  Reply   Trace   Private Reply  


#5. To: Jethro Tull (#4)

I know who she is, and how she came to be the face of insanity, JT.

I just want to know from kookie what position SHE held within the Reagan Administration.

News Update: Owe-bama ordered eggs and toast for breakfast. ABC/NBC/CBS/MSNBC/CNN all agree the decision to avoid bagels was 'Brilliant!' (eyes rolling)

Badeye  posted on  2010-06-28   13:29:50 ET  Reply   Trace   Private Reply  


#6. To: Badeye (#5)

I know you knew, and of course the sot is, once again, trying to misdirect a direct question. It's the nature of Os to be wormy.

Am I a liberal or a conservative? - Fredo Mertz

Jethro Tull  posted on  2010-06-28   13:33:22 ET  Reply   Trace   Private Reply  


#7. To: Badeye (#3)

The Reagan Administration hired Sarah Brady?

Didn't know that. What position did she hold within the Reagan Administration?

The Martha Mitchell argument, huh? lololol

It's so easy to bait you guys. Just a little dissing of your Messiah.

Making the world safe for United Fruit.

mininggold  posted on  2010-06-28   13:33:41 ET  Reply   Trace   Private Reply  


#8. To: mininggold (#7)

The Martha Mitchell argument...

Chuckles...both she and Boof wear funny glasses...

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-28   13:35:47 ET  Reply   Trace   Private Reply  


#9. To: war (#8)

Chuckles...both she and Boof wear funny glasses...

It got Badeye plus the Internet Stalker into a regular tizzy.

Making the world safe for United Fruit.

mininggold  posted on  2010-06-28   13:42:07 ET  Reply   Trace   Private Reply  


#10. To: mininggold (#9) (Edited)

the Internet Stalker

????

Oh...Tull...got it...he's bozo'd...

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-28   13:42:39 ET  Reply   Trace   Private Reply  


#11. To: war (#10) (Edited)

????

You know. The one that follows posters from site to site posing as an ex cop trying to get them banned. And he had the nerve to complain about AA ruining the NYPD in the eighties. lolol

Making the world safe for United Fruit.

mininggold  posted on  2010-06-28   13:43:55 ET  Reply   Trace   Private Reply  


#12. To: mininggold (#11)

My tax dollars at work...

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace I'm biased, obviously, given the shit I'm subjected to daily here from the anti groupie. Badeye posted on 2010-06-10 11:34:31 ET Reply Trace Private Reply

war  posted on  2010-06-28   13:51:30 ET  Reply   Trace   Private Reply  


#13. To: mininggold (#7)

Oh, you just made something up? For attention? Sheesh. Thats pathetic.

And while you may have a 'messiah' sorry, kookie, I don't.

They all have flaws.

News Update: Owe-bama ordered eggs and toast for breakfast. ABC/NBC/CBS/MSNBC/CNN all agree the decision to avoid bagels was 'Brilliant!' (eyes rolling)

Badeye  posted on  2010-06-28   14:29:02 ET  Reply   Trace   Private Reply  


#14. To: mininggold (#9)

Wrong. I thought you were serious. I was surprised I wasn't aware of it.

I should know better, the only thing you are ever serious about is jew bashing.

News Update: Owe-bama ordered eggs and toast for breakfast. ABC/NBC/CBS/MSNBC/CNN all agree the decision to avoid bagels was 'Brilliant!' (eyes rolling)

Badeye  posted on  2010-06-28   14:30:15 ET  Reply   Trace   Private Reply  


#15. To: Jethro Tull (#4)

The sot fails to recognize that Sarah became an anti-gunner after Papa caught one in the noggin.

"The sot fails to recognize that Sarah became an anti-gunner after Papa caught one in the noggin and she realized she could make millions by pimping him and his drool cup out to the anti-gun crowd."

There,I fixed it for you.

"I adore John McCain, support him 100 percent and will do everything I can to support his reelection. As everyone knows, I was honored and proud to run with him. And Todd and I were with him in D.C. just a week ago." (Sarah Palin,Dec 2009) ************************************ DID Palin say or write these things or not? (Me) I don't know or F ing care. (Mad Dog posted on 2009-12-26 16:36:33 ET,post # 105 http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=5510&Disp=114#C114)

sneakypete  posted on  2010-06-28   17:56:07 ET  Reply   Trace   Private Reply  


#16. To: sneakypete (#15)

There,I fixed it for you.

Much better :)

Am I a liberal or a conservative? - Fredo Mertz

Jethro Tull  posted on  2010-06-29   6:43:47 ET  Reply   Trace   Private Reply  


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