Heller ruling out of SCOTUS today?

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thejtrain
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Re: Heller ruling out of SCOTUS today?

#31

Post by thejtrain »

10:12 Tom Goldstein - Heller affirmed.

The Court has released the opinion in District of Columbia v. Heller (07-290), on whether the District’s firearms regulations – which bar the possession of handguns and require shotguns and rifles to be kept disassembled or under trigger lock – violate the Second Amendment. The ruling below, which struck down the provisions in question, is affirmed.

Justice Scalia wrote the opinion. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg.
So it is 5-4. Hopefully Scalia will make us proud in the decision.
Last edited by thejtrain on Thu Jun 26, 2008 9:15 am, edited 1 time in total.
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Re: Heller ruling out of SCOTUS today?

#32

Post by neal6325 »

Good new but what are the details......
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Re: Heller ruling out of SCOTUS today?

#33

Post by thejtrain »

neal6325 wrote:Good new but what are the details......
We'll have to see when we get to read the decision. Also this:
It is striking that the decision is not clouded by ambiguity created by separate opinions. One opinion on each side.
Apologies - there is a second dissenting opinion, but only one majority - no plurality and no concurrences.
Dare we begin to hope?
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Re: Heller ruling out of SCOTUS today?

#34

Post by The Annoyed Man »

Fox News has just announced that the SCOTUS upheld the lower court decision overturning the DC Gun Ban. Scalia wrote the majority opinion. The decision was 5/4, with Kennedy being the swing vote - exactly as I had predicted would happen.
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Re: Heller ruling out of SCOTUS today?

#35

Post by Skiprr »

It's in, as of a couple of minutes ago. Justice Scalia wrote the opinion. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg; 5-4, the 2nd Amendment wins.
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Re: Heller ruling out of SCOTUS today?

#36

Post by KC5AV »

Tom Goldstein - Apologies - there is a second dissenting opinion, but only one majority - no plurality and no concurrences.
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Re: Heller ruling out of SCOTUS today?

#37

Post by The Annoyed Man »

The decision specifically states that the 2A is an individual right!
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Re: Heller ruling out of SCOTUS today?

#38

Post by Skiprr »

Eveyone's here at the same time, eh? ;-) We should have a block party...
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Re: Heller ruling out of SCOTUS today?

#39

Post by DParker »

Well. I guess that's what I get for giving Ginsburg the benefit of the doubt. Nonetheless....

Hooray for our side.

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Re: Heller ruling out of SCOTUS today?

#40

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Last edited by thejtrain on Thu Jun 26, 2008 9:24 am, edited 1 time in total.
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Re: Heller ruling out of SCOTUS today?

#41

Post by agbullet2k1 »

:patriot: :anamatedbanana :woohoo :smash:

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Re: Heller ruling out of SCOTUS today?

#42

Post by anygunanywhere »

This emphasizes the importance of electing McCain in November. We must maintain the status of the court.

I thought I would gag when I wrote that though.

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Re: Heller ruling out of SCOTUS today?

#43

Post by drw »

So if the court has affirmed that we have an individual right to keep and BEAR arms, why would we any longer need permission from the government to carry?
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Re: Heller ruling out of SCOTUS today?

#44

Post by nitrogen »

drw wrote:So if the court has affirmed that we have an individual right to keep and BEAR arms, why would we any longer need permission from the government to carry?
Because the ruling wasn't specifically about that. i.e., go for it, if you want to be a test case.
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Re: Heller ruling out of SCOTUS today?

#45

Post by Pinkycatcher »

drw wrote:So if the court has affirmed that we have an individual right to keep and BEAR arms, why would we any longer need permission from the government to carry?
Yes, I've overviewed his opinion, he says that regulation of carrying is allowed, although he does reference Miller and says
"Miller’s holding that the sorts of weapons protected are those
“in common use at the time� finds support in the historical tradition
of prohibiting the carrying of dangerous and unusual weapons. "


So I could see a challenge on automatic weapons, they are definately in common use in the army/militia.
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