Why will the court uphold an 'assault weapon' ban?

Discussion in 'Politics' started by M14 Shooter, Jan 21, 2013.

  1. M14 Shooter
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    M14 Shooter The Light of Truth

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    In Heller, the court ruled that a ban on handguns – the kind of firearm most commonly used in gun-related violent crime – in Washington DC – a city with among the highest rates of violent crime in the US – violates the constitution under any standard of scrutiny the Court has applied to enumerated constitutional rights.

    Given that, on what grounds will the court uphold a nationwide ban on ‘assault weapons’, a class of firearm in common use across the country for lawful purposes, but virtually never used in gun-related violent crime?
     
  2. TNHarley
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    TNHarley Gold Member

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    I hope not. I plan on getting another tactical rifle in the next month
     
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    Last edited: Jan 21, 2013
  3. Truthmatters
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    Truthmatters BANNED

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    in that decision they all said gun laws are constitutional
     
  4. nodoginnafight
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    nodoginnafight No Party Affiliation

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    My personal opinion is that SCOTUS will never get a shot at ruling on an AWB. I don't think it is coming.
     
  5. Dante
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    Dante On leave Supporting Member

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    It's not exactly as you understand it SUMMARY OF D.C. V. HELLER


    After the District of Columbia passed legislation barring the registration of handguns, requiring licenses for all pistols, and mandating that all legal firearms must be kept unloaded and disassembled or trigger locked, a group of private gun-owners brought suit claiming the laws violated their Second Amendment right to bear arms.


    Question


    Whether provisions of the D.C. Code generally barring the registration of handguns, prohibiting carrying a pistol without a license, and requiring all lawful firearms to be kept unloaded and either disassembled or trigger locked violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?


    Conclusion
    Decision: 5 votes for Heller, 4 vote(s) against
    Legal provision: Amendment 2


    Yes. In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.

    The Court based its holding on the text of the Second Amendment, as well as applicable language in state constitutions adopted soon after the Second Amendment. Justice Antonin Scalia delivered the opinion of the Court.

    Justices John Paul Stevens and Stephen Breyer filed dissenting opinions, each joined by the other as well as Justices David Souter and Ruth Bader Ginsburg. Justice Stevens argued that the Second Amendment only protects the rights of individuals to bear arms as part of a well-regulated state militia, not for other purposes even if they are lawful. Justice Breyer agreed with Stevens' argument but also stated that even if possession were to be allowed for other reasons, any law regulating the use of firearms would have to be "unreasonable or inappropriate" to violate the Second Amendment. In Breyer's view, the D.C. laws at issue in this case were both reasonable and appropriate.

    District of Columbia v. Heller | The Oyez Project at IIT Chicago-Kent College of Law
     
    Last edited: Jan 21, 2013
  6. Dante
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    Dante On leave Supporting Member

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    Why will the court uphold an 'assault weapon' ban?
    Why would it? The question is depending on how a ban is written, will they uphold it...

    The Court will uphold a well written ban on Assault Weapons
     
  7. M14 Shooter
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    M14 Shooter The Light of Truth

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    Here's the holding:

    DISTRICT OF COLUMBIA v. HELLER

    Specify what I got wrong, show how I got it wrong, and then answer the question from the OP.
     
  8. Dante
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    Dante On leave Supporting Member

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    The GOP/Tea Party faction in the US House and/or the GOP in the US Senate might block one this year, but given a few elections and battles, it will happen. There will be more mass shootings and they will drive the debate.
     
  9. Dante
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    Dante On leave Supporting Member

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    :eusa_shifty:

    In Heller the Court narrowly ruled an outright ban on handguns, of the kind enacted by D.C., violates the Constitution. The Court also ruled that like most rights, the Second Amendment right is not unlimited.

    How laws are written, how they are challenged, and arguments made to individuals on the Court at any specific time, determine more than pure or warped ideological arguments or readings of rulings/.

    I think I answered the question in another separate post

     
    Last edited: Jan 21, 2013
  10. RetiredGySgt
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    RetiredGySgt Platinum Member

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    Heller affirms it is an individual right and that weapons in COMMON USE are protected. Guess what? That means the supposed assault rifle is protected as it is in common use.

    Just as in Heller where the Court held a ban on handguns denied an entire type of firearm, so would a ban on "assault rifles".
     

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