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Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:13 am
by thejtrain
10:12 Tom Goldstein - Heller affirmed.
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.
So it
is 5-4. Hopefully Scalia will make us proud in the decision.
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:14 am
by neal6325
Good new but what are the details......
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:16 am
by thejtrain
neal6325 wrote:Good new but what are the details......
We'll have to see when we get to read the decision. Also this:
It is striking that the decision is not clouded by ambiguity created by separate opinions. One opinion on each side.
Apologies - there is a second dissenting opinion, but only one majority - no plurality and no concurrences.
Dare we begin to hope?
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:16 am
by The Annoyed Man
Fox News has just announced that the SCOTUS upheld the lower court decision overturning the DC Gun Ban. Scalia wrote the majority opinion. The decision was 5/4, with Kennedy being the swing vote - exactly as I had predicted would happen.
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:17 am
by Skiprr
It's in, as of a couple of minutes ago. Justice Scalia wrote the opinion. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg; 5-4, the 2nd Amendment wins.
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:17 am
by KC5AV
Tom Goldstein - Apologies - there is a second dissenting opinion, but only one majority - no plurality and no concurrences.
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:17 am
by The Annoyed Man
The decision specifically states that the 2A is an individual right!
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:18 am
by Skiprr
Eveyone's here at the same time, eh?
We should have a block party...
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:20 am
by DParker
Well. I guess that's what I get for giving Ginsburg the benefit of the doubt. Nonetheless....
Hooray for our side.
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:24 am
by thejtrain
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:24 am
by agbullet2k1
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:25 am
by anygunanywhere
This emphasizes the importance of electing McCain in November. We must maintain the status of the court.
I thought I would gag when I wrote that though.
Anygun
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:26 am
by drw
So if the court has affirmed that we have an individual right to keep and BEAR arms, why would we any longer need permission from the government to carry?
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:28 am
by nitrogen
drw wrote:So if the court has affirmed that we have an individual right to keep and BEAR arms, why would we any longer need permission from the government to carry?
Because the ruling wasn't specifically about that. i.e., go for it, if you want to be a test case.
Re: Heller ruling out of SCOTUS today?
Posted: Thu Jun 26, 2008 9:30 am
by Pinkycatcher
drw wrote:So if the court has affirmed that we have an individual right to keep and BEAR arms, why would we any longer need permission from the government to carry?
Yes, I've overviewed his opinion, he says that regulation of carrying is allowed, although he does reference Miller and says
"Miller’s holding that the sorts of weapons protected are those
“in common use at the time� finds support in the historical tradition
of prohibiting the carrying of dangerous and unusual weapons. "
So I could see a challenge on automatic weapons, they are definately in common use in the army/militia.
