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Gun Control/2nd Amendment Discuss After nearly 10 years of ignoring it, SCOTUS accepts 2nd Amendment case! at the General Forum; The Supreme Court has agreed for the first time since 2010 to take up a case related to the Second ...

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Old 01-23-2019, 04:19 AM
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Default After nearly 10 years of ignoring it, SCOTUS accepts 2nd Amendment case!

The Supreme Court has agreed for the first time since 2010 to take up a case related to the Second Amendment. That case is New York State Rifle & Pistol Association v. City of New York.

The issues in the case are narrow, pertaining to New York City law and the legal ability of NYC residents to take their lawfully owned handguns outside the city.

The petition for certiorari to the Court sets out the specifics:

“New York City prohibits its residents from possessing a handgun without a license, and the only license the City makes available to most residents allows its holder to possess her handgun only in her home or en route to one of seven shooting ranges within the city. The City thus bans its residents from transporting a handgun to any place outside city limits—even if the handgun is unloaded and locked in a container separate from its ammunition, and even if the owner seeks to transport it only to a second home for the core constitutionally protected purpose of self defense, or to a more convenient out-of-city shooting range to hone its safe and effective use. The City asserts that its transport ban promotes public safety by limiting the presence of handguns on city streets.”

Unlike Heller, the Court allowed the question presented by the Petitioners to stand:

"Whether the City's ban on transporting a licensed, locked, and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the Commerce Clause, and the constitutional right to travel."

The primary issue in this case was actually created by Heller; when the Court granted certiorari in Heller, it framed a new question, different from that in the Petitioner’s brief and that question's wording has been employed to limit the effect of the decision:

"We consider whether a District of Columbia prohibition on the possession of usable handguns in the home violates the Second Amendment to the Constitution." -- DISTRICT OF COLUMBIA v. HELLER, 478 F. 3d 370, (2008)

That “in the home” characterization in the Heller opinion has given lower courts wiggle room to carve out an area of 2nd Amendment law that is subject to intermediate scrutiny, which virtually guarantees challenged laws restricting gun possession and use outside the home are sustained (even if the guns are unloaded and secured in an inaccessible manner for travel, in accordance with federal law protecting INTERSTATE travel with guns).

In this new case, both a district court and the Second Circuit Court of Appeals follow that program, saying that the federal constitutional right to keep and bear arms only counts in the home, and thus these state transport laws do not harm its core purpose. "Purporting to apply intermediate scrutiny," the cert petition says, the Second Circuit Court of Appeals "held that the City had carried its burden to justify the encroachment on protected Second Amendment activity."

That's the thing, the lower courts accept the argument that the activity in question is "protected Second Amendment activity", it's just that they employ "in the home" to completely gut said protection.

With this challenge also bringing in the commerce clause and the right to travel, we could see this case having implications for restrictive travel laws in other states, primarily New Jersey and Maryland.

The lower federal courts are in serious need of a smackdown on their treatment of the right to arms and its enforcement against state law.

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Old 01-23-2019, 07:36 AM
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Default Re: After nearly 10 years of ignoring it, SCOTUS accepts 2nd Amendment case!

A good many anti possession arguments stand on the dubious interpretation of the phrase "well regulated militia." Suggesting that the only purpose of the right to bear arms is to be part of the state militia. An archaic body seldom if at all currently employed by any state in the Union.


that said;

I don't mean to sound pandemic or wendy, but if the 2nd only applies to "in the home" then how does the budding militia citizen get their "arms" to a practice field to be "regulated?"
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Old 01-23-2019, 08:40 AM
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Default Re: After nearly 10 years of ignoring it, SCOTUS accepts 2nd Amendment case!

Thanks for posting this thread Jeerleader. This will be an interesting case that I hope is decided on the original intent of the 2nd Amendment. I already have an idea how our 4 left wing justices will vote, but I am curious as to how the other 5 rule. This case could and should, help dismantle a large number of onerous state laws meant to restrict law abiding citizens from exercising their Constitutional rights.

As we speak, my son is on his way to Maryland to live with his wife while he will be stationed a Andrews AFB. He was packing this weekend and had grabbed a couple of his rifles and a pistol. I warned him that he is moving to a left wing state that will prosecute him to the fullest extent of the law if he had those guns in his possession. He said he did some research and thought he would be ok, but took my advice and left them here until he gets a better feel for the laws.

Its a shame that an active duty member of our military has to worry about possessing a firearm in one of the original 13 colony's. The founders should be turning over in their graves.
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Old 01-23-2019, 09:12 AM
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Default Re: After nearly 10 years of ignoring it, SCOTUS accepts 2nd Amendment case!

Quote:
Originally Posted by GetAClue View Post
Thanks for posting this thread Jeerleader. This will be an interesting case that I hope is decided on the original intent of the 2nd Amendment. I already have an idea how our 4 left wing justices will vote, but I am curious as to how the other 5 rule. This case could and should, help dismantle a large number of onerous state laws meant to restrict law abiding citizens from exercising their Constitutional rights.

As we speak, my son is on his way to Maryland to live with his wife while he will be stationed a Andrews AFB. He was packing this weekend and had grabbed a couple of his rifles and a pistol. I warned him that he is moving to a left wing state that will prosecute him to the fullest extent of the law if he had those guns in his possession. He said he did some research and thought he would be ok, but took my advice and left them here until he gets a better feel for the laws.

Its a shame that an active duty member of our military has to worry about possessing a firearm in one of the original 13 colony's. The founders should be turning over in their graves.
Bold mine

About the bold part, I cannot believe there are people still living who think a veteran, active or retired, is too stupid to bear and use a firearm.

I am also wary of the four liberal scumbags in the Supreme Court. I also hope no justice decides to kiss liberal ass on this.
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Old 01-23-2019, 09:19 AM
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Default Re: After nearly 10 years of ignoring it, SCOTUS accepts 2nd Amendment case!

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Originally Posted by GetAClue View Post

Its a shame that an active duty member of our military has to worry about possessing a firearm in one of the original 13 colony's. The founders should be turning over in their graves.
If the Founders were alive today, there would already be gunfire.
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Old 01-23-2019, 09:33 AM
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Default Re: After nearly 10 years of ignoring it, SCOTUS accepts 2nd Amendment case!

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Originally Posted by FrancSevin View Post
A good many anti possession arguments stand on the dubious interpretation of the phrase "well regulated militia." Suggesting that the only purpose of the right to bear arms is to be part of the state militia. An archaic body seldom if at all currently employed by any state in the Union.


that said;

I don't mean to sound pandemic or wendy, but if the 2nd only applies to "in the home" then how does the budding militia citizen get their "arms" to a practice field to be "regulated?"
I've said this before, but the attempt to explain the reason behind the 2nd is one of the two flaws in the Constitution. The 2nd should read "the right to keep and bear arms shall not be infringed".
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Old 01-23-2019, 09:48 AM
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Default Re: After nearly 10 years of ignoring it, SCOTUS accepts 2nd Amendment case!

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I've said this before, but the attempt to explain the reason behind the 2nd is one of the two flaws in the Constitution. The 2nd should read "the right to keep and bear arms shall not be infringed".
...….it's so we can go hunting right?
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Old 01-23-2019, 11:12 AM
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Default Re: After nearly 10 years of ignoring it, SCOTUS accepts 2nd Amendment case!

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Originally Posted by jimbo View Post
I've said this before, but the attempt to explain the reason behind the 2nd is one of the two flaws in the Constitution. The 2nd should read "the right to keep and bear arms shall not be infringed".
I completely agree with you. It is my opinion that the framers believed that people would look to become educated that do things like read the Federalist Papers that explain, not only the purpose of the 2nd Amendment, but other aspects of the decisions that went into crafting our Constitution. For all of their wisdom and intelligence, I don't think any of them envisioned a time when people were willfully uninformed and were willing to be subservient to a powerful Federal Government that the Framers worked to hard to prevent.
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Old 01-23-2019, 11:29 AM
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Default Re: After nearly 10 years of ignoring it, SCOTUS accepts 2nd Amendment case!

There is zero chance of the 2nd Amendment being taken away with this SC....

Or any previous ones.....


Which is a very healthy good thing for American citizens....
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Old 01-23-2019, 11:49 AM
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Default Re: After nearly 10 years of ignoring it, SCOTUS accepts 2nd Amendment case!

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Originally Posted by jimbo View Post
The 2nd should read "the right to keep and bear arms shall not be infringed".
Even the clause, "a well-regulated militia, being necessary to the security of a free state" does not take away its meaning. While some people interpret a free state to mean a free country, and security means to keep it free, a "free state" also means a person's freedom in his own house. A weapon, like a firearm, will help one to secure a free state.
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