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None of that prohibits regulation, only outright bans. Joel Send a noteboard - 05/01/2013 05:25:56 PM
According to the syllabus prepared by the U.S. Supreme Court Reporter of Decisions, in District of Columbia v. Heller, 554 U.S. 570, the Supreme Court held:

(1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.

(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.

(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.

(c) The Court’s interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed the Second Amendment. Pp. 28–30.

(d) The Second Amendment’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms. Pp. 30–32.

(e) Interpretation of the Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Court’s conclusion. Pp. 32–47.

(f) None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542 , nor Presser v. Illinois, 116 U. S. 252 , refutes the individual-rights interpretation. United States v. Miller, 307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes. Pp. 47–54.

http://www.law.cornell.edu/supct/search/display.html?terms=heller&url=/supct/html/07-290.ZS.html

Joel: Yeah, that's right, basically everything that I have been trying to explain to you all along, but you haven't been listening.

Section (f) is typical Scalia "logic:" The Cruikshank and Presser rulings both explicitly limited the Second Amendment, specifically, by saying it applied only to federal, NOT state government. Both are better arguments against Incorporating the Bill of Rights on states (a concept both rulings predate) than against gun control. The Miller ruling held the National Firearms Act regulations do NOT violate the Second Amendment nor the states reserved powers, and are therefore constitutional. That last is enough to establish the Second Amendment allows federal gun regulations, and the SCOTUS majoritys reliance on and affirmation of it in Heller enough to establish that view has not changed.

Regarding Heller specifically, the SCOTUS struck down DCs "Regulation" because it amounted to a BAN, prohibiting handguns as such, and requiring other small arms be kept disassembled and/or trigger-locked, effectively prohibiting their timely use. The SCOTUS did NOT reject ALL regulation, only bans, and only for weapons in common use; DCs assault weapons ban remains in effect even after Heller. Incidentally, McDonald v. Chicago is FAR more relevant than Heller to anyone residing outside the District of Columbia, since Heller only applies to federal enclaves, not states.

So the federal government cannot ban guns; via Incorporation of the Bill of Rights, neither can states (McDonald v. Chicago.) Either or both can and do regulate them, and a growing majority of voters demand both do so to a greater degree.
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Poll: 54 percent view NRA favorably - 28/12/2012 04:23:35 AM 914 Views
Hahahaha. That is full of shit. OMG. Thanks for the laughs. *NM* - 28/12/2012 06:30:08 AM 375 Views
I have this to say about that... - 28/12/2012 07:10:52 AM 711 Views
That was rather long but probably one of the best things I've read this year - 28/12/2012 02:31:24 PM 490 Views
Excellent article by a knowledgable individual armed with facts. *NM* - 28/12/2012 04:36:23 PM 244 Views
See my response to Novo. - 28/12/2012 06:28:00 PM 578 Views
please cite the errors, manipulations, or lies. - 28/12/2012 09:30:28 PM 527 Views
Re: I have this to say about that... - 28/12/2012 05:23:44 PM 595 Views
Never point a gun at anything you are not going to shoot, nor shoot anything you do not mean to kill - 28/12/2012 06:13:20 PM 555 Views
Still losing the gun debate and it's driving you a little crazy isn't it! - 28/12/2012 06:40:51 PM 427 Views
Gallup: 58% want more gun control; Ipsos: 70% want more gun control, 90% want background checks. - 28/12/2012 10:29:50 PM 574 Views
..and 100% want to win the lottery, but it isn't going to happen. - 05/01/2013 02:17:50 PM 600 Views
None of that prohibits regulation, only outright bans. - 05/01/2013 05:25:56 PM 573 Views
I totally disagree with that, it is just wrong-headed - 29/12/2012 03:51:19 AM 678 Views
Great read, thanks for posting! *NM* - 28/12/2012 05:52:29 PM 249 Views
Thanks for posting that, I enjoyed it a lot - 29/12/2012 01:36:33 AM 498 Views
his premise is "there's already too many guns so why bother trying anything at all now" - 07/01/2013 06:27:20 PM 563 Views
I don't think that's his sole premise but it's also quite true - 07/01/2013 07:05:20 PM 594 Views
i think you're missing a piece of the puzzle - 07/01/2013 07:23:02 PM 513 Views
I'm not missing it, I just don't think it's wise or especially moral - 07/01/2013 09:36:05 PM 555 Views
moral has nothing to do with it, imho - 07/01/2013 11:26:00 PM 604 Views
Re: moral has nothing to do with it, imho - 08/01/2013 05:40:46 AM 480 Views
last thoughts..... - 08/01/2013 05:18:35 PM 498 Views
Well I was referring more to the timing of collecting data. - 29/12/2012 04:28:01 AM 687 Views
Is that the same Gallup that said 54% of America would vote Romney? - 28/12/2012 06:15:43 PM 602 Views
Once again data is data.....feel free to cite other polling data. *NM* - 28/12/2012 06:38:29 PM 264 Views

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