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Both sides await Supreme Court ruling on right to bear arms

1K views 12 replies 8 participants last post by  AngelDecoys 
#1 ·
The U.S. Supreme Court is on the brink of issuing what could be its most important ruling ever on the controversial Second Amendment right to bear arms.

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#2 ·
Initially I had thought Heller was going to come out today (Monday). Probably Wednesday or Thursday. Keep your fingers crossed for three things. 1) Individual right. 2) Fundamental right, and 3) strict scrutiny.

Scalia is certainly taking his time writing up the majority position. Rumor has it, Scalia is actually a 'gun guy' so its being left up to him, and he's taking a bit longer to get it right. The court probably has to agree on/create a set of guidelines, or general rules.

Wish I could swing a DC trip just to listen to the decision being read on the court steps.
 
#5 ·
(I've taken this from another forum posted by hoffmang)

All,

I think everyone is aware but I wanted to again place all the "how to follow it" details in one place. Heller may be released tomorrow. I give it a 40% chance and think instead they will add another day for Thursday (6/26 - 60%) and release it then. However, if it is released tomorrow it will be between 7AM Pacific and 8AM Pacific most likely.

Scotusblog will be liveblogging the orders and opinions tomorrow. They are expecting a ton of traffic tomorrow (and Thursday if that happens) and even made changes to their site to support it. The liveblog app autoupdates and I highly recommend it.
 
#6 ·
I am awaiting the decision myself. I believe, and hope, that it will be favorable to individual rights. Though with the pull the anti-gun movement has in washington right now, I am wondering if it will be favorable. But most of all I would like for the anti-gun movement to learn to read. If they could do that the problem would solve itself.
 
#10 ·
10:13
Ben Winograd -

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. We will provide a link to the decision as soon as it is available.
10:13
Tom Goldstein - Second Amendment protects an individual right to possess a firearm.
 
#11 ·
"The second amendment protects the right of the individual to protect themselves, independent of a state militia" Antony Scallia




Answering a 127-year old constitutional question, the Supreme Court ruled on Thursday that the Second Amendment protects an individual right to have a gun, at least in one’s home. The Court, splitting 5-4, struck down a District of Columbia ban on handgun possession.

Justice Antonin Scalia’s opinion for the majority stressed that the Court was not casting doubt on long-standing bans on gun possession by felons or the mentally retarded, or laws barring guns from schools or government buildings, or laws putting conditions on gun sales.
 
#13 ·
Justice Antonin Scalia’s opinion for the majority stressed that the Court was not casting doubt on long-standing bans on gun possession by felons or the mentally retarded, or laws barring guns from schools or government buildings, or laws putting conditions on gun sales.
I read prelude to 14th incorporation right there. Due process allows those of us who are 'law abiding' the ability to enjoy their rights, and at the same time restrict those rights from those who have proven themselves a danger to others.
 
#12 ·
64 DISTRICT OF COLUMBIA v. HELLER

Opinion of the Court
In sum, we hold that the District’s ban on handgun
possession in the home violates the Second Amendment,
as does its prohibition against rendering any lawful fire-
arm in the home operable for the purpose of immediate
self-defense. Assuming that Heller is not disqualified
from the exercise of Second Amendment rights, the Dis-
trict must permit him to register his handgun and must
issue him a license to carry it in the home.
* * *
We are aware of the problem of handgun violence in this
country, and we take seriously the concerns raised by the
many amici who believe that prohibition of handgun
ownership is a solution. The Constitution leaves the
District of Columbia a variety of tools for combating that
problem, including some measures regulating handguns,
see supra, at 54–55, and n. 26. But the enshrinement of
constitutional rights necessarily takes certain policy
choices off the table. These include the absolute prohibi-
tion of handguns held and used for self-defense in the
home. Undoubtedly some think that the Second Amend-
ment is outmoded in a society where our standing army is
the pride of our Nation, where well-trained police forces
provide personal security, and where gun violence is a
serious problem. That is perhaps debatable, but what is
not debatable is that it is not the role of this Court to
pronounce the Second Amendment extinct.
We affirm the judgment of the Court of Appeals.

It is so ordered.
 
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