Gun Decision: More Questions...

[ConHog]

No charge!!

My particular area of study is the 4th AM. I am by no means an authority, far from it, but it is my personal favorite.

My favorite is the first, which is of course totally misunderstood, even more so than the 2nd.

I took criminal law at College for my Major and "attempt" to keep up with it.

Criminal law and the 4th AM have always fascinated me. What police are permitted to do, legally that is. The average person is not aware of such.

The 1st encompasses more than 1 Liberty, as we all know. The SC has transformed the word "speech", into "Symbolic speech" and "Freedom of expression".

One of the strangest 1st cases I have ever run across was based on 42 USC 666.

Complainants asserted forcing them to obtain a SS# to get a Driver's license violated the Free Exercise clause, as the Mark of the Beast was a part of the US Code??

My major was US History, specifically post civil war US history, but I still studied the COTUS quite a bit. It's a fascinating document, and I wish more people were better educated about it.

 

[lawbuff]

My major was US History, specifically post civil war US history, but I still studied the COTUS quite a bit. It's a fascinating document, and I wish more people were better educated about it.

I love history also. I have been to 18 Presidential gravesites, if you include Jefferson Davis.

I have visited all 5 buried in Ohio, and the homes still standing.

Davis and John Tyler and James Monroe are all buried in Hollywood cemetery in Richmond, VA.

Did you know that John Tyler's Grandson is still alive, running Sherwood Forest?


While in Richmond, I toured the White House of the Confederacy, that was something.

They have a painting hanging on the wall attributed to the 14 or 15th century.

I did not however get to tour John Marhsall's home or visit his gravesite. Next trip to DC maybe?

I have visited the gravesites of 9 signers of the Declaration of Independence, 5 in Philadelphia at Christ church burial ground, including Benjamin Franklin.

 

[rikules]

Jason Lewis just pointed out the hypocrisy of the left very well today. Change the words "Gun Ownership" to "Abortion" and you will flip the entire dialogue on the left who refuse to let states control their own abortion laws... or welfare laws... or Health Care laws...

The funny thing is of course, those three other things aren't rights, Gun Ownership is.

huh... strange isn't it?

and now i'll point out the hypocrisy of conservatives;

Change the words "Gun Ownership" to "Abortion" and you will flip the entire dialogue on the right who refuse to let states control their own abortion laws... or welfare laws... or Health Care laws...or homosexuality marriage laws

the funny thing is
cons are VERY QUICK to shout about OUR RIGHTS
and
"OUR RIGHTS are being TAKEN AWAY!"

and then they are JUST as quick to tell you "you do NOT have THAT right...."
on every issue BUT guns

rather odd that these morons are so proud of having so few rights

 

[Tech_Esq]

1. "Heller endorsed bans on the carrying of concealed weapons, but said nothing about a right to carry weapons openly. Because the Second Amendment expressly protects the right to “bear” arms, as well as the right to “keep” arms, the text of the Constitution seems inconsistent with allowing the government to forbid both open and concealed carry of weapons. Such a ban would also be inconsistent with Heller’s emphasis on self-defense as the core of the Second Amendment right: most people are in much more danger of encountering dangerous criminals outside their homes than within them. But the issue remains open in the courts.

2. Heller endorsed bans on carrying weapons in “sensitive places,” but articulated no test for identifying such locations, beyond a mention of government buildings and schools. McDonald reaffirms this…

3. State and local jurisdictions, moreover, sometimes place very onerous administrative obstacles in the path of those who desire to keep or carry firearms. Such obstructionism may become more intense in those jurisdictions that would like to impose outright gun bans that the courts will no longer uphold."
SCOTUSblog Thomas’ concurrence on the Privileges or Immunities Clause

Since this thread seems to have been derailed, I'll attempt to get it back on track by actually addressing the OP, hopefully, substantively.

1. I think, as you see from how Justice Alito treated the McDonald decision, Heller was just setting the table to answer a series of questions about the 2nd amendment and the valid and invalid regulation of firearms by the government. Judging from the rulings in Heller and McDonald, I would say that ordinances that facially or substantively restrict the ownership "all" firearms is in peril. More specifically as related to pistols. As to carry laws, open or concealed, I think they will look to the effect of the regulation. If it is so onerous that it actually impedes the ability of the person to give effect to their right, then it'll get struck.

2. Again, back to setting the table. We'll have to wait for another case to clarify the rules there. Virginia has concealed carry. Today the law allowing carry even in bars etc. goes into effect. You can't drink and carry though. Bar owners can't ask if you are carrying, its up to you to disclose or not.

3. As I said in 1. I think if the regs are so restrictive as to prevent the exercise of the right, then it'll get struck. You could see that coming with Scalia's questioning of the counsel for DC in Heller about the use of gun locks on pistols when you are using them for home defense.

 

[KissMy]

Love the hot new gun shooting avatar PoliticalChic! It reminds me of my favorite commercial.

[ame="http://www.youtube.com/watch?v=EAyJhnrCQFw&feature=player_embedded"]Favorite Commercial[/ame]

 

[Big Fitz]

[ame=http://www.youtube.com/watch?v=FQMbXvn2RNI]YouTube - Cows with guns[/ame]

 

[Big Fitz]

Jason Lewis just pointed out the hypocrisy of the left very well today. Change the words "Gun Ownership" to "Abortion" and you will flip the entire dialogue on the left who refuse to let states control their own abortion laws... or welfare laws... or Health Care laws...

The funny thing is of course, those three other things aren't rights, Gun Ownership is.

huh... strange isn't it?

and now i'll point out the hypocrisy of conservatives;

Change the words "Gun Ownership" to "Abortion" and you will flip the entire dialogue on the right who refuse to let states control their own abortion laws... or welfare laws... or Health Care laws...or homosexuality marriage laws

the funny thing is
cons are VERY QUICK to shout about OUR RIGHTS
and
"OUR RIGHTS are being TAKEN AWAY!"

and then they are JUST as quick to tell you "you do NOT have THAT right...."
on every issue BUT guns

rather odd that these morons are so proud of having so few rights

Doesn't Abortion violate the infant's rights?

 

[KissMy]

YouTube - Cows with guns

Keep those cows away from guns!

Cows Are Fun!​

[ame="http://www.youtube.com/watch?v=D4WtxKoal-c&feature=related"]Cows Are Fun![/ame]

 

[Sallow]

Hmm..

[ame=http://www.youtube.com/watch?v=xIpLd0WQKCY]YouTube - The Simpsons - Gun Shop[/ame]