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Supreme Court


outerlimits

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Once it is finally recognized as individual right, then it will become a state affair to regulate. Which leads to more cases. Then the cases will be somewhat like the right to free speech. You can't yell fire in a theatre. Your individual right is superceded by collective right of the crowd to safety. But this good, because they will need evidence to make case and modern statistic have proven that armed society is a safe society. SO what I'm hoping for is that if your a person with no history of violence you can have machine, suppressors etc. They may still have to be registered, but things like $200 doc stamps will disappear.

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I don't want to be the party pooper, but all the facts, quotes from our Founders won't matter to activist judges that can't keep their personal biases out of their decision making. I'm still seeing this a 5-4 against the People.

Edited by walangkatapat
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I got a kick out of Scalia mocking the attorney who said he could take a trigger lock off in 3 seconds.

Sure, you could take a trigger lock off in 3 seconds . . . in bright light while wearing your glasses, and if you had the key in your hand to start.

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I got a kick out of Scalia mocking the attorney who said he could take a trigger lock off in 3 seconds.

Sure, you could take a trigger lock off in 3 seconds . . . in bright light while wearing your glasses, and if you had the key in your hand to start.

Ya Scalia was a hoot. "Turn on the light, find your glasses. " ~laughter~

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where did you find this poll ?

They said it was a pole and then they would take calls, but I think it was just call in for live....

Also 8pm ET they will re air it for any of you who didn't get to hear it. The said it will be aired on Friday too, but I didn't catch the time... check on c-span

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where did you find this poll ?

They said it was a pole and then they would take calls, but I think it was just call in for live....

Also 8pm ET they will re air it for any of you who didn't get to hear it. The said it will be aired on Friday too, but I didn't catch the time... check on c-span

Awsome, Podcasts mabey ??

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The top of one of the latest AP writethru:

WASHINGTON (AP) _ The Supreme Court appeared ready Tuesday to endorse the view that the Second Amendment gives individuals the right to own guns, but was less clear about whether to retain the District of Columbia's ban on handguns.

The justices were aware of the historic nature of their undertaking, engaging in an extended 98-minute session of questions and answers that could yield the first definition of the meaning of the Second Amendment in its 216 years.

A key justice, Anthony Kennedy, left little doubt about his view when he said early in the proceedings that the Second Amendment gives "a general right to bear arms."

Several justices were skeptical that the Constitution, if it gives individuals' gun rights, could allow a complete ban on handguns when, as Chief Justice John Roberts pointed out, those weapons are most suited for protection at home.

"What is reasonable about a ban on possession" of handguns?" Roberts asked at one point.

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If the Court says that the 2nd is an individual right but that it is subject to regulation (which looks to be the way this could be decided), the best hope for us is that they hang the strict scrutiny tag on it, which will then make it difficult, but not impossible, for a gun control law to pass constitutional muster.

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The top of one of the latest AP writethru:

A key justice, Anthony Kennedy, left little doubt about his view when he said early in the proceedings that the Second Amendment gives "a general right to bear arms."

Several justices were skeptical that the Constitution, if it gives individuals' gun rights, could allow a complete ban on handguns when, as Chief Justice John Roberts pointed out, those weapons are most suited for protection at home.

"What is reasonable about a ban on possession" of handguns?" Roberts asked at one point.

Sharp eye EERW! I am encouraged.

I listened to the arguments by Cspan. A few thoughts for those who posted above and did not get a good feeling about our chances:

1) The Justices often play "devil's advocate" by arguing against what they might actually believe. Problem is: you can never tell when they are arguing for or against their own opinion. This fact is the reason why the predictions after hearing the oral arguments are often wrong. In the Kelo case, no one really expected the result after hearing the arguments.

2) Cases are rarely decided on the oral arguments. Rather, the briefs are what make or break a case. The Justices stated that the briefs in this case were of high quality - which is important considering the fact that I found Gura's oral advocacy deficient. There are more briefs amici on our side; which at least tells us that almost every possible angle has been covered in favor of an individual right and all relevant facts have been presented.

David and Mark: incorporation was not meaningfully argued by the parties here. I don't think resolution of this case hinges on incorporation.

Standard of review: Roberts asked: (paraphrase) "Why do we need to answer the question of whether this right, if it found to exist, is subject to strict scrutiny? Isn't that question outside the scope of the issue raised?"

-I don't think the S.G. gave a satisfactory answer. I believe he responded with "It is possible that. . ." My impression was that the Justices did not buy it. Their tendency has been to craft narrowly-tailored decisions. If they do not need to establish a standard, they will not do so.

So - prediction time: I expect the holding to be something like:

"The Second Amendment is an individual right which is incorporated. The D.C. handgun ban violates the rights of citizens as to ownership of handguns in the home. We need not reach the issue of whether the right under the Second Amendment is subject to strict scrutiny or intermediate scrutiny because the D.C. ban would not withstand either standard of review."

If we get such a ruling, this is a HUGE win for us!

While some will argue: "well, not much will change down at the local gun shop for me and my friends so this opinions meaningless!" - I strongly disagree. Again, if you find yourself in one of the 11 out of 13 circuit courts TODAY and you try to tell the judge: "I have an individual right under the 2nd Amendment, you WILL LOSE and the judge can point to binding (mandatory) authority on the books right now which states: you have NO individual right to own a firearm under the 2nd.

I am hopeful that we will prevail. We find out as late as early July - though an earlier decision is likely.

Regards as always,

Douglas

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