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-   -   Court rules in favor of Second Amendment gun right (https://www.huntingnet.com/forum/guns/250602-court-rules-favor-second-amendment-gun-right.html)

FastShootingCarts 06-26-2008 08:36 AM

Court rules in favor of Second Amendment gun right
 
Great news!!!


WASHINGTON -- The Supreme Court ruled Thursday that Americans have a right to own guns for self-defense and hunting, the justices' first major pronouncement on gun rights in U.S. history.
This Story The court's 5-4 ruling struck down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms laws intact.
The court had not conclusively interpreted the Second Amendment since its ratification in 1791. The amendment reads: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia.
Justice Antonin Scalia, writing for four colleagues, said the Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home."
In dissent, Justice John Paul Stevens wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons."
He said such evidence "is nowhere to be found."
Joining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas. The other dissenters were Justices Stephen Breyer, Ruth Bader Ginsburg and David Souter.
The capital's gun law was among the nation's strictest.
Dick Anthony Heller, 66, an armed security guard, sued the District after it rejected his application to keep a handgun at his home for protection in the same Capitol Hill neighborhood as the court.
The U.S. Court of Appeals for the District of Columbia ruled in Heller's favor and struck down Washington's handgun ban, saying the Constitution guarantees Americans the right to own guns and that a total prohibition on handguns is not compatible with that right.
The issue caused a split within the Bush administration. Vice President Dick Cheney supported the appeals court ruling, but others in the administration feared it could lead to the undoing of other gun regulations, including a federal law restricting sales of machine guns. Other laws keep felons from buying guns and provide for an instant background check.
Scalia said nothing in Thursday's ruling should "cast doubt on long-standing prohibitions on the possession of firearms by felons or the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings."
The law adopted by Washington's city council in 1976 bars residents from owning handguns unless they had one before the law took effect. Shotguns and rifles may be kept in homes, if they are registered, kept unloaded and either disassembled or equipped with trigger locks.
Opponents of the law have said it prevents residents from defending themselves. The Washington government says no one would be prosecuted for a gun law violation in cases of self-defense.

http://www.washingtonpost.com/wp-dyn/content/article/2008/06/26/AR2008062600615.html


falcon 06-26-2008 08:44 AM

RE: Court rules in favor of Second Amendment gun right
 
From SCOTUSBlog:


Tom Goldstein - Quoting the syllabus: The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditional lawful purposes, such as self-defense within the home
.

Rifle Loony 06-26-2008 08:53 AM

RE: Court rules in favor of Second Amendment gun right
 
I was Free yesterday, I am Free today....and I will be Free tomorrow.

A Great Day, today...........

statjunk 06-26-2008 09:33 AM

RE: Court rules in favor of Second Amendment gun right
 
Excellent!

Tom

Colorado Luckydog 06-26-2008 10:30 AM

RE: Court rules in favor of Second Amendment gun right
 


When they outlaw guns...I'll be an outlaw!

SwampCollie 06-26-2008 10:52 AM

RE: Court rules in favor of Second Amendment gun right
 

ORIGINAL: Colorado Luckydog



When they outlaw guns...I'll be an outlaw!
According to this they can't outlaw guns!

So when that happens... none of us will be American's anymore either. (no offense to our international members intended here).

zrexpilot 06-26-2008 10:53 AM

RE: Court rules in favor of Second Amendment gun right
 
Lets hope the liberals can put this to rest and get on with whats the real problem in society. Criminals ! Bring back public hanging's. Quit putting people in jail longer for drug charges than murder. Jails are loaded with drug users but murderers and rapists go free in 7 years.

I am always asked " you keep your guns loaded " Duh, what good is a gun if its not loaded, a frying pan is more lethal than an unloaded gun.
Maybe there is hope.
God bless America !

Rifle Loony 06-26-2008 11:52 AM

RE: Court rules in favor of Second Amendment gun right
 
Crime is is a lucrative cash cow for legislators, lawyers and judges...

Not to mention job security for law enforcement, corrections and many goverment agencies.

Crime will never die........

statjunk 06-26-2008 11:57 AM

RE: Court rules in favor of Second Amendment gun right
 

ORIGINAL: Rifle Loony

Crime is is a lucrative cash cow for legislators, lawyers and judges...

Not to mention job security for law enforcement, corrections and many goverment agencies.

Crime will never die........
I used to spout that back in the day when people would run off at the mouth about getting rid of crime. There's a lot of truth in there. As criminals subside they will simply ratchet down the rules.

Tom

Ruger-Redhawk 06-26-2008 12:20 PM

RE: Court rules in favor of Second Amendment gun right
 
That's great news and it's been a long time coming. Thank God there's still judges with some common sense.I hope this issue can finally be put to rest once and for all.

Doe Dumper 06-26-2008 12:51 PM

RE: Court rules in favor of Second Amendment gun right
 
Loony is right on this one...theres too much money in the prison industry to worry bout getting rid of crime.


Great news though!

Hurricanespg 06-26-2008 04:01 PM

RE: Court rules in favor of Second Amendment gun right
 
Glad to see they came to the right decision. A great day for Americans.
However my optimism is tempered by the fact that this was won on a 5-4 vote. With an opening probable sometime during the next term it will make this next election all the more important.

Colorado Luckydog 06-26-2008 06:36 PM

RE: Court rules in favor of Second Amendment gun right
 
I can tell you right now, it's not laid to rest. If Obama get's in there and appoints a couple of judges, things will be different next time. We won, but not by a landslide. One or two votes the other way and things would have been different. God Bless America!!!



rybohunter 06-26-2008 08:12 PM

RE: Court rules in favor of Second Amendment gun right
 
I was so glad to see this. A buddy of mine sent methe link as soon as it broke


gmil6184 06-26-2008 08:34 PM

RE: Court rules in favor of Second Amendment gun right
 
I agree that the fight isn't over by a long shot, but this was definately a huge victory. Between this SCOTUS decision and Hilliary not getting the nomination there might just be hope for this country yet haha. Now we just have to find a way beat Obama. Although it was only a 5-4 vote and there will likely be some openings in the court soon, the supreme court very very very rarely overturns itself. When it has happened it is years and years after the fact and usually on pretty obvious issues (segregation, etc). Doesn't mean we should let our guard down, but it certainly gives a good reason to be optimistic. Although i'm sure the liberal media will throw a fit about this, this was the perfect example of the system working like it was designed. Additionally when i read the story their was a poll asking what people thought of the decision....nearly 80 percent were in favor of it.

bigbulls 06-26-2008 09:23 PM

RE: Court rules in favor of Second Amendment gun right
 
Now they need to hear and rule that individual states do not have the right to regualte firearms beyond what is regulated by the 2nd amendment and federal regulations.

Sure there are states rightsbut when it comes to the Constitution of the UNITED Statesand Bill of Rights they don't have a leg to stand on.

Briman 06-26-2008 10:42 PM

RE: Court rules in favor of Second Amendment gun right
 

Sure there are states rights
Yep, but that ship has sailed a long time ago. If you take a look at the abortion issue, liberals don't believe that states have any rigts to regulate within their own borders. It will be fun to see them try to contort themselves to make themselves 'states rights' advocates when it comes to gun regulations:D

eldeguello 06-27-2008 06:41 AM

RE: Court rules in favor of Second Amendment gun right
 
The glass may have something in it, but it is far from being half full! Today, there are only five of the nine justices who are able to read, or smart enough to figure out that what the Second Amendment constitutesa written guarantee that our government is prohibited from infringing an age-old Common Law right of Englishmen that goes back at least to the days of the Vikings, if not further - a right which the English themselves have long since surrendered.....

whitetaildreamer 06-27-2008 06:56 AM

RE: Court rules in favor of Second Amendment gun right
 
Even though it was a possitive desicision for gun owners in the US, the margin of victory must be unnerving. That was a close vote. Are any on your supreme court getting close to where they are thinking of hanging up the robe? The next appointment or 2 may be critical to the maintaining of your second ammenment.

Rifle Loony 06-27-2008 07:29 AM

RE: Court rules in favor of Second Amendment gun right
 

ORIGINAL: eldeguello

The glass may have something in it, but it is far from being half full! Today, there are only five of the nine justices who are able to read, or smart enough to figure out that what the Second Amendment constitutesa written guarantee that our government is prohibited from infringing an age-old Common Law right of Englishmen that goes back at least to the days of the Vikings, if not further - a right which the English themselves have long since surrendered.....
Woe be the day the Freedom and Security of Millions hinges on theopinion of nine men and women...

The Second Amendment means the same to me now as it did last week, and I can safely say that the affirmationby the Supreme Court yesterdayhad little to do with that.

We are Free Men responsible for our own Freedom regardless of what one branch of our "goverment" says........

Ruger-Redhawk 06-27-2008 09:15 AM

RE: Court rules in favor of Second Amendment gun right
 
It was a close win but we won. When I saw the 5-4 vote I realized how close it was.To be honest it's pretty scary how close it was.If God forbid Obama does get in this will make it harder for him to achievehis goal to disarm America.Yeah we won the battle but not the war. We have along ways to go but are headed in the right direction.

Colorado Luckydog 06-27-2008 07:07 PM

RE: Court rules in favor of Second Amendment gun right
 

ORIGINAL: Rifle Loony

Woe be the day the Freedom and Security of Millions hinges on theopinion of nine men and women...

The Second Amendment means the same to me now as it did last week, and I can safely say that the affirmationby the Supreme Court yesterdayhad little to do with that.

We are Free Men responsible for our own Freedom regardless of what one branch of our "goverment" says........
Right on and well put!!!

JagMagMan 06-27-2008 08:39 PM

RE: Court rules in favor of Second Amendment gun right
 
A great victory? No doubt!
End of the war? Don't count on it!
Look at the 5 Justices who voted correctly and then look at the 4 socialist yo-yo's that spit on our Founding Fathers graves!
You think who is in the White House is a trivial thing? Could very easily swing the other way sooner than we think!
Let's not let down our guard! Keep up the fight!
I am not questioning anyones resolve but, if that sad day ever comes, how many will choose to fight rather than give in peacfully? I am sure that many of us would rather die, as our Fore Fathers did, and in the end, there would be no America as we know it! For as we fight each other, our external enemies would sieze the opportunity to distroy us all!
It is far easier to fight them with a ballot, than to fight them with bullets in the future!
Again, a great victory! But, don't go to sleep now!

Rifle Loony 06-27-2008 08:48 PM

RE: Court rules in favor of Second Amendment gun right
 
Guns beingin the Constitution.......is what keeps guns in the Constitution.

It's simply that simple............

MObuckhunter 06-28-2008 12:42 PM

RE: Court rules in favor of Second Amendment gun right
 
I just wrote to a news paper about it ,going to cut and paste"hopfully"The Second Amendment, When I grabbed the STARS AND STRIPES and read the front page, I just smiled. Americans and lawmakers are starting to wake up and realize the need for guns.Guns are a big Part of the reason, why I joined the military was to support and uphold the second amendment. A few years ago, Missouri approved the right to carry concealed firearm. The first year the law was enacted crime rates dropped 13%,this is facts that anti-gunners don't want you to know about. Crime rates are going to drop in D.C.The reason why is now, The hard working law abiding, taxpaying citizen can and will defend themselves .Grandmom who lives in D.C.is not going to run out and start gangbangin and robbing gas stations. People wake up, The criminals already have guns and don't abide by the laws, now hard working honest law biding citizens can defend themselves and property. Remember we are not arming the criminals just the law-abiding citizens.Some people will need to educate themselves and kids about firearms and safe handling of them. My little" second amendment warriors" have been raised around guns all their lives and they teach their friends about guns. Guns are not toys nor are they dangerous either. No gun has ever loaded itself and then discharged itself. People are dangerous not guns.Yes,I believe in gun control, please use both hands.SECOND AMENDMENT WARRIOR!

Doe Dumper 06-28-2008 07:48 PM

RE: Court rules in favor of Second Amendment gun right
 
Watch out!!! You guys are making too much sense and could possibly be labelled "right wing wackos" if you persist!!! :D:D

valor10 06-29-2008 09:59 AM

RE: Court rules in favor of Second Amendment gun right
 
Consider this fellas. Our Constitutional right to bear arms was upheld by a SINGLE vote.That's scary. Had it gone the other way, we would be on the road to new gun restrictions and outright bans in some cases. Please get out there and vote this year. I doubt a Supreme Court Justice appointed by His Majesty of Liberalism Obama would vote favorably to legal, law abiding gun owners. The Supreme Court did their job, now please make sure you do yours ;).

ipscshooter 06-30-2008 07:27 AM

RE: Court rules in favor of Second Amendment gun right
 

ORIGINAL: valor10

Consider this fellas. Our Constitutional right to bear arms was upheld by a SINGLE vote.That's scary. Had it gone the other way, we would be on the road to new gun restrictions and outright bans in some cases. Please get out there and vote this year. I doubt a Supreme Court Justice appointed by His Majesty of Liberalism Obama would vote favorably to legal, law abiding gun owners. The Supreme Court did their job, now please make sure you do yours ;).
Bingo.

We all SHOULD know how this decision would have gone if Gore or Kerry had been elected and we didn't have Roberts and Alito on the Supreme Court. Remember this when you're in the voting box this fall. A vote for Obama is a vote against the 2nd Amendment.

Pawildman 06-30-2008 10:49 AM

RE: Court rules in favor of Second Amendment gun right
 

ORIGINAL: ipscshooter


ORIGINAL: valor10

Consider this fellas. Our Constitutional right to bear arms was upheld by a SINGLE vote.That's scary. Had it gone the other way, we would be on the road to new gun restrictions and outright bans in some cases. Please get out there and vote this year. I doubt a Supreme Court Justice appointed by His Majesty of Liberalism Obama would vote favorably to legal, law abiding gun owners. The Supreme Court did their job, now please make sure you do yours ;).
Bingo.

We all SHOULD know how this decision would have gone if Gore or Kerry had been elected and we didn't have Roberts and Alito on the Supreme Court. Remember this when you're in the voting box this fall. A vote for Obama is a vote against the 2nd Amendment.

...........Unfortunately, truer words were never spoken. Obama will s**t-can your gun ownership rights in a heartbeat if he gets the chance. We certainly don't think any future Supreme Court appointments under his tenure would be favorable to our cause, do we? If you do, I've got a bridge or two for sale you may be interested in.....

SHOTARYE 07-29-2008 02:50 PM

RE: Court rules in favor of Second Amendment gun right
 
Hi guys ! Just a word of caution, don't think for a minute the anti-gun crowd is going to just give up and go home. Stay vigilant, and vote pro gun polititions in to office. If Obamawins the White Househe will appoint judges to the Supreme Court, and don't think for a second they will be pro gun. Vote / join the NRA.


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