Heller Decision discussion thread

[NateIU10]

I'd say the ruling is not perfect, but it definitely leaves the opportunity for future suits in less friendly states.

I'm also pretty sure that someone is going to have to sue in DC again, as Fenti (the dumba$$ mayor) said they will not allow registration of any semi-automatics this morning (going against the court ruling entirely)

 

[esrice]

I just read the news.

I'm extremely happy with the ruling. Sure it could be better, but it could ALWAYS be better. At least we're not LOSING ground!

 

[Glock Lover]

Its bitter sweet for me. With the 5 to 4 decision it will be a short lived decision probably. Scary it may happen in my lifetime.

 

[Episcopus]

Its bitter sweet for me. With the 5 to 4 decision it will be a short lived decision probably. Scary it may happen in my lifetime.

The Supreme Court doesn't overrule decisions every time its make-up changes. Did you see how carefully they treated Miller so as to not overrule it? They did everyhing they could to distinguish it and make it seem different because there wasn't a clear reason to overrule it. I can't think of a clear reason to overrule this. The best they could do would be to define it in the future so that it only applies to DC and other Federal possessions and not to States. I don't think that will be horribly likely because of how strongly they relied on the wordings of the 1st and 4th Amendments, and how they kept drawing analogies to those amendments, which are both incorporated. Incorporation is imminent, it will just take the proper case.

Anyway, I don't think you have to worry about a new Court changing this decisions in anyway. "Because we feel differently" is not a valid reason to ignore stare decisis.

 

[bwframe]

The Supreme Court doesn't overrule decisions every time its make-up changes. Did you see how carefully they treated Miller so as to not overrule it? They did everyhing they could to distinguish it and make it seem different because there wasn't a clear reason to overrule it. I can't think of a clear reason to overrule this. The best they could do would be to define it in the future so that it only applies to DC and other Federal possessions and not to States. I don't think that will be horribly likely because of how strongly they relied on the wordings of the 1st and 4th Amendments, and how they kept drawing analogies to those amendments, which are both incorporated. Incorporation is imminent, it will just take the proper case.

Anyway, I don't think you have to worry about a new Court changing this decisions in anyway. "Because we feel differently" is not a valid reason to ignore stare decisis.

All of this is irrelevant if we vote appropriately, right?

 

[Episcopus]

All of this is irrelevant if we vote appropriately, right?

Indeed

 

[haldir]

Rush was making the point that we had 4 Justices willing to declare the 2nd Amendment to the Constitution null and void and how disturbing that is. The problem we face now is that even if McCain wins, who knows what kind of Justice he would appoint. He likes to be bipartisan and will likely seek input from his old buddy Lieberman. So although this is a great victory, we must hope and pray it isn't short lived. Libs never worry about precedent, they just worry about Conservatives following their precedents.

I remember a few years ago watching Alan Dershowitz on the tube. Of course he is very anti gun and advocates getting rid of the second amendment. But at least at that point in time, he said that if we read the 2nd as expansively as we read the 1st there could be no regulations on gun rights at all.

 

[Lock n Load]

I laughed when the DC mayor "cried like a little french girl" about how "disappointed" he was with the Supreme Court and the decision.

Yes, the mayor stated that they had 21 days to confirm and you could tell it chared his liberal a$$ that he has to offer an "amnesty" period too!!

Its sad that it took 31 years to overturn and that the vote was 5-4 after 8 years of a Repub. President.

I fired off a few rounds in the back 40 to celebrate too!!! :do2:

 

[4sarge]

I laughed when the DC mayor "cried like a little french girl" about how "disappointed" he was with the Supreme Court and the decision.
:do2:

That's an insult to little French girls everywhere

 

[bwframe]

we had 4 Justices willing to declare the 2nd Amendment to the Constitution null and void and how disturbing that is. The problem we face now is that even if McCain wins, who knows what kind of Justice he would appoint.

I believe he's on record stating he'll pick conservative Judges.

He likes to be bipartisan and will likely seek input from his old buddy Lieberman.

Possible, but he will remember what issues got him elected. If not, there will be lots of folks to remind him.

One way or another, if McCain does not win, we know for sure what kind of Judges will be appointed.

 

[Ri22o]

This decision begs the question: What gun does Scalia carry?

I've read some of the comments about the decision, but I'm about to download the .pdf and read it.

 

[KimberCarry]

I understand they have already filed law suites in Ill. and Cal. This is a battle won but a long war ahead. Sorry about starting other thread in the wrong place. I could just not hold my excitement for the win for us.

 

[RonPaulSupporter]

Anyone catch Hardball with Chris Matthews tonight? They talked about this case with Wayne LaPierre and Matthews said something to the effect of: Well since this is such a huge victory for the NRA and gun owners why would you still be concerned about the "black helicopters" coming and taking away people's firearms? This is almost verbatim what he said when Wayne LaPierre was talking about how the NRA will continue to file lawsuits to challenge other gun bans in the US. So does Matthews think all gun owners are a bunch of crazy right-wing extremists thinking the "black helicopters" are coming to take away our guns? I suppose I'm only offended because I'm one of those bitter people that clings to guns, religion, and anti-immigrant sentiment.
Just thought it was a rather ridiculous statement, anyone else happen to see that?

 

[Fletch]

Matthews is a buffoon.

 

[Bigum1969]

I've seen those black helicopters... And they're coming for more than just my guns

 

[Santee]

Fairly good ruling, leaving 'gun nuts' with quite a few options for further review. Suits are flying, and the politicos are about to get a cornholling if they do not fix their damn unconstitutional laws. I believe the worst worry in some politicos minds is that the citizens will have their weapons and crime will go down.

 

[Crystalship1]

Anybody else notice that now McCain is a big 2nd Amendment supporter???? :rolleyesedit:

Well...... he is still the lesser of the two evils.

 

[Glock Lover]

The Supreme Court doesn't overrule decisions every time its make-up changes. Did you see how carefully they treated Miller so as to not overrule it? They did everyhing they could to distinguish it and make it seem different because there wasn't a clear reason to overrule it. I can't think of a clear reason to overrule this. The best they could do would be to define it in the future so that it only applies to DC and other Federal possessions and not to States. I don't think that will be horribly likely because of how strongly they relied on the wordings of the 1st and 4th Amendments, and how they kept drawing analogies to those amendments, which are both incorporated. Incorporation is imminent, it will just take the proper case.

Anyway, I don't think you have to worry about a new Court changing this decisions in anyway. "Because we feel differently" is not a valid reason to ignore stare decisis.

Yes, but there you go thinking logically. Be careful.

 

[nofear]

I believe he's on record stating he'll pick conservative Judges.
Possible, but he will remember what issues got him elected. If not, there will be lots of folks to remind him.

One way or another, if McCain does not win, we know for sure what kind of Judges will be appointed.

I agree totally. If Obama gets elected we know what sort of official he will put in place.

 

[Paul]

I agree totally. If Obama gets elected we know what sort of official he will put in place.

Exactly, everybody needs to do their part to keep obama out of office. This means they will have to vote for McCain.