It is currently Sun Dec 27, 2009 12:54 pm



Welcome
Welcome to <strong>Live To Shoot Forum</strong>.

You are currently viewing our boards as a guest, which gives you limited access to view most discussions and access our other features. By joining our free community, you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content, and access many other special features. Registration is fast, simple, and absolutely free, so please, <a href="/profile.php?mode=register">join our community today</a>!


Post new topic Reply to topic  [ 8 posts ] 
Author Message
 Post subject: D.C. v Heller
PostPosted: Sun Mar 16, 2008 8:57 pm 
Offline
Site Admin
Site Admin

Joined: Wed Jun 27, 2007 12:02 am
Posts: 158
Location: Texas
The Supreme Court will begin hearing arguments in D.C. v. Heller this Tuesday. This will be very interesting...


Top
 Profile E-mail  
 
 Post subject:
PostPosted: Mon Mar 17, 2008 7:59 pm 
Offline
Founding Member
Founding Member
User avatar

Joined: Wed Jul 25, 2007 1:44 am
Posts: 186
Location: PA
but from what i hear, they wont be releasing a verdict untill june 30.


Top
 Profile  
 
 Post subject:
PostPosted: Tue Mar 18, 2008 4:37 pm 
Offline
Site Admin
Site Admin

Joined: Wed Jun 27, 2007 12:02 am
Posts: 158
Location: Texas
Here are some comments the judges have made during the arguments.

Chief Justice Roberts asks why the Framers would refer to "the right of the people" if the Second Amendment was not intended to protect an individual right.


Justice Kennedy says the first clause of the Second Amendment can be read as reaffirming the militia clauses, and can be read to support an individual right to bear arms.

Justice Scalia says he sees no contradiction between reading the second clause as guaranteeing an individual right and the first clause as affirming the importance of the militia. "The two clauses go together beautifully," Scalia says.


Top
 Profile E-mail  
 
 Post subject:
PostPosted: Tue Mar 18, 2008 6:45 pm 
Offline
Site Admin
Site Admin

Joined: Wed Jun 27, 2007 12:02 am
Posts: 158
Location: Texas
Here is part of an analysis of the arguments.
Go here to read all of it.

The Supreme Court’s historic argument Tuesday on the meaning of the Constitution’s Second Amendment sent out one quite clear signal: individuals may well wind up with a genuine right to have a gun for self-defense in their home. But what was not similarly clear was what kind of gun that would entail, and thus what kind of limitations government cut put on access or use of a weapon. In an argument that ran 23 minutes beyond the allotted time, Justice Anthony M. Kennedy emerged as a fervent defender of the right of domestic self-defense. At one key point, he suggested that the one Supreme Court precedent that at least hints that gun rights are tied to military not private needs — the 1939 decision in U.S. v. Miller — “may be deficient” in that respect. “Why does any of that have any real relevance to the situation that faces the homeowner today?” Kennedy asked rhetorically.

With Chief Justice John G. Roberts, Jr., and Justices Samuel A. Alito, Jr., and Antonin Scalia leaving little doubt that they favor an individual rights interpretation of the Amendment (and with Justice Clarence Thomas, though silent on Tuesday, having intimated earlier that he may well be sympathetic to that view), Kennedy’s inclinations might make him — once more — the holder of the deciding vote. There also remained a chance, it appeared, the Justice Stephen G. Breyer, one of the Court’s moderates, would be willing to support an individual right to have a gun — provided that a ruling left considerable room for government regulation of weapons, particularly in urban areas with high crime rates.

One of the most important aspects of the 98-minute hearing was the steadfast commitment that the federal government’s lawyer, Solicitor General Paul D. Clement, held to the position he had expressed in a brief that has come under heavy fire from the White House and from a wide swath of the gun-owning community. Clement had written that, while there should be an individual, private right to have a gun in one’s home, it should be subject to “reasonable regulation” by government. At the podium, he several times repeated his criticism of the D.C. Circuit Court for raising a higher constitutional bar to gun regulation — even though his critics passionately support exactly what the Circuit Court did in striking down the District of Columbia’s 1976 ban on any private ownership or use of handguns.


Top
 Profile E-mail  
 
 Post subject:
PostPosted: Tue Mar 18, 2008 7:00 pm 
Offline
Site Admin
Site Admin

Joined: Wed Jun 27, 2007 12:02 am
Posts: 158
Location: Texas
Go here to read the entire transcript of the arguments.


Top
 Profile E-mail  
 
 Post subject:
PostPosted: Tue Mar 18, 2008 8:59 pm 
Offline
Founding Member
Founding Member
User avatar

Joined: Wed Jul 25, 2007 1:44 am
Posts: 186
Location: PA
looking promising so far....

keeping my fingers crossed :)


Top
 Profile  
 
 Post subject:
PostPosted: Tue Mar 18, 2008 9:00 pm 
Offline
Founding Member
Founding Member
User avatar

Joined: Wed Jul 25, 2007 1:44 am
Posts: 186
Location: PA
looking promising so far....

keeping my fingers crossed :)


Top
 Profile  
 
 Post subject:
PostPosted: Wed Mar 19, 2008 3:21 am 
Offline
Founding Member
Founding Member

Joined: Sun Jul 22, 2007 5:29 pm
Posts: 151
Location: South Texas
Keeping my fingers crossed also. I'm hoping for the D.C. decision to be upheld in toto.

_________________
A smart person learns from his mistakes. A wise person learns from the mistakes of others.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 8 posts ] 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron