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United States News
See other United States News Articles

Title: Scalia: Guns May be Regulated
Source: National Journal
URL Source: http://www.nationaljournal.com/scalia-guns-may-be-regulated-20120729
Published: Jul 29, 2012
Author: John Aloysius Farrell
Post Date: 2012-07-29 11:20:32 by A K A Stone
Keywords: None
Views: 1696
Comments: 5

Justice Antonin Scalia, one of the Supreme Court's most vocal and conservative justices, said on Sunday that the Second Amendment leaves room for U.S. legislatures to regulate guns, including menacing hand-held weapons.

"It will have to be decided in future cases," Scalia said on Fox News Sunday. But there were legal precedents from the days of the Founding Fathers that banned frightening weapons which a constitutional originalist like himself must recognize. There were also "locational limitations" on where weapons could be carried, the justice noted.

When asked if that kind of precedent would apply to assault weapons, or 100-round ammunition magazines like those used in the recent Colorado movie theater massacre, Scalia declined to speculate. "We'll see," he said. '"It will have to be decided."

As an originalist scholar, Scalia looks to the text of the Constitution—which confirms the right to bear arms—but also the context of 18th-century history. “They had some limitations on the nature of arms that could be borne," he told host Chris Wallace.

In a wide-ranging interview, Scalia also stuck by his criticism of Chief Justice John Roberts and the majority opinion in the ruling that upheld the Affordable Care Act this summer. "You don't interpret a penalty to be a pig. It can't be a pig," said Scalia, of the court's decision to call the penalty for not obtaining health insurance a tax. "There is no way to regard this penalty as a tax."

Scalia, a septuagenarian, said he had given no thought to retiring. "My wife doesn't want me hanging around the house," he joked. But he did say he would try to time his retirement from the court so that a justice of similar conservative sentiments would take his place, presumably as the appointee of a Republican president. "Of course I would not like to be replaced by somebody who sets out immediately to undo" what he has spent decades trying to achieve, the justice said.


Poster Comment:

I can hardly wait til that ruling. What the government issues a decree to turn in your weapons, a grace period. The deadline passes still millions of guns. What does the government do then issue another grace period. Ok another grace period ended now they have to make an example. Spark meet fire. They can have my bullets 1 at a time. In the head.

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#1. To: All (#0)

Damn. Just checked someone stole all my guns. Guess I can't turn them in. That sucks.

A K A Stone  posted on  2012-07-29   11:28:08 ET  Reply   Trace   Private Reply  


#2. To: A K A Stone (#0) (Edited)

SCALIA: We’ll see. Obviously the Amendment does not apply to arms that cannot be hand-carried — it’s to keep and “bear,” so it doesn’t apply to cannons — but I suppose here are hand-held rocket launchers that can bring down airplanes, that will have to be decided.

http://thinkprogress.org/justice/2012/07/29/602491/scalia-rocket-launcher/?mobile=nc

Scalia has a very narrow interpretation of the words "bear arms". He seems to like hand held rocket launchers, which means that we get to keep our suitcase nukes at least, too.

IMO if you were transporting a horse drawn cannon at the time the constitution & BOR was ratified, you were bringing it to bear on your target. If you had a merchant ship you might bear you cannon on the Barbary Pirates. What does he think was forbidden in those days? He's dreaming, and looking for loopholes in "shall not be infringed"! If some joker was shooting at him, he'd want a cannon.

Scalia is pretty liberal, and needs a lecture from Clarence Thomas.


"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Obama's watch stopped on 24 May 2008, but he's been too busy smoking crack to notice.

Hondo68  posted on  2012-07-29   12:03:31 ET  Reply   Trace   Private Reply  


#3. To: A K A Stone, *Extended Clip Progressives* (#1)

someone stole all my guns.

Probably a progressive scared by The Joker.


"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Obama's watch stopped on 24 May 2008, but he's been too busy smoking crack to notice.

Hondo68  posted on  2012-07-29   12:23:07 ET  Reply   Trace   Private Reply  


#4. To: A K A Stone (#1)

Damn. Just checked someone stole all my guns. Guess I can't turn them in. That sucks.

I'll be damned. Same thing happened to me just before I left Houston. Report is on file with the Harris County Sheriffs Dept.

;)

Never swear "allegiance" to anything other than the 'right to change your mind'!

Brian S  posted on  2012-07-29   12:50:29 ET  Reply   Trace   Private Reply  


#5. To: A K A Stone (#1)

Damn. Just checked someone stole all my guns. Guess I can't turn them in. That sucks.

You should be happy, now you can go buy some real ones with the insurance money!!

Choosing and voting for a presidential candidate is like picking which STD you want to suffer from….

CZ82  posted on  2012-07-29   13:38:17 ET  (1 image) Reply   Trace   Private Reply  


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