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Joined: 10/30/2007
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Supreme Court Will Hear DC Handgun Ban Case

I am sure glad we have a conservative bench that interpits the law than governs the law!
If it was several years ago we could be in trouble. Like the Judges that states Separation of Church and state is not a law it was a statement that a president made. Know it is law due to the Judges governing behind the bench and if lower judges don’t like it they throw them out like they did with the 10 commandments sown south.
Troy
http://www.greatamericanhuntingtore.com
http://www.huntingthebackwoods.com

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Supreme Court Will Hear DC Handgun Ban Case

I'm sure that, if handguns are REALLY banned in D.C, all of the "Newport Smokers" won't steal any guns from elsewhere to continue their criminal enterprises. And I'm sure they will abide by all new laws. Oh, I forgot to mention that I also believe in Santa Claus.

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Supreme Court Will Hear DC Handgun Ban Case

Everytime you here of a city or area where there is a high crime rate, it's a sure bet that guns of any type have very little to do with the cause of those crimes. Guns are no more an accessory to crime than cars, headwear, pry bars, hammers, pliers, wire cutters, gloves, cigarettes, baseball bats, matches, knives, rocks, bricks, poles, cell phones, computers, duct tape, etc. Should we outlaw and bad every simple houshold item too, since many of them are also used in crimes.

I'm even willing to bet that at least within the last 5 years, personal computers have been the main tool used in more devistating life changing crimes than anything else on earth.

The fact that certain cities and areas have such high crime rates inspite of (or perhaps because of) gun control, tells me that there is a much deeper root and cause to the problems within these areas. Maybe the governors, mayors, and city leaders should start attacking the real problem.

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Supreme Court Will Hear DC Handgun Ban Case
WesternHunter wrote:

The fact that certain cities and areas have such high crime rates inspite of (or perhaps because of) gun control, tells me that there is a much deeper root and cause to the problems within these areas. Maybe the governors, mayors, and city leaders should start attacking the real problem.

Fact is, a criminal, if intent on committing a crime, will find a way to do so no matter what right infringing laws there are to ATTEMPT to slow the criminalistic mind! Its kind of like locks, locks are pretty much there to keep an honest man honest. A thief is going to get in no matter what! Same with weapons bans. You ban a weapon, then it just becomes more proliferant on the black market and illegal sales side is all. Its not stopping the real criminals. Its just stopping honest hard working people from ownership and defence of their families and homes.

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Supreme Court Will Hear DC Handgun Ban Case

I have the old "Archie Bunker" attitude about this, also. It was comedy then, but it makes alot of sense now.

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Supreme Court Will Hear DC Handgun Ban Case

The constitution and the bill or rights are written in legal language. I have read that preambles in positively worded laws -- and the words "A well regulated Militia, beikng necessary to the security of a free State, . . . " are a preamble to the positively worded law of the second amendment -- are not limiting, are not restrictive. It is almost that such preambles provide an off-handed rationale or explanation, without limiting the remainder of the words. What counts is "the right of the people to keep and bear Arms shall not be infringed." I read this in an important article produced by the US Justice Department in December 2004, I believe. This is a very thorough analysis of the question of whether the 2nd amendment describes an individual right or a collective right. Those of you who care, look this document up and read it. It is very informative.

This case could be very positive for gun owners, if the court strongly supports gun rights based on the second amendment and makes a strong ruling with well reasoned opinion that sets precedent; it could be very bad for gun owners, if the court makes a strong ruling with well reasoned opinion that sets precedent that the second amendment is not an individual right; or it could be a dud -- a very narrow ruling which decides only this Washington DC gun ban issue.

I'm hoping for a strong, precedent setting ruling that supports the individual right to keep and bear arms.

CVC
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Supreme Court Will Hear DC Handgun Ban Case

I love the internet.

I believe this is a link to the opinion to which you were referring.

http://www.usdoj.gov/olc/secondamendment2.pdf

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Supreme Court Will Hear DC Handgun Ban Case
CVC wrote:
I love the internet.

I believe this is a link to the opinion to which you were referring.

http://www.usdoj.gov/olc/secondamendment2.pdf

That is the one. This opinion is must reading, no kidding, for those who want to be informed on this subject. The opinion summarizes earlier court opinions related to the second amendment, summaries the precedents for rights to arms in British law which would have been very familiar to the drafters of the second amendment, and analyzes the issues very carefully.

I personally think that the justices may well have their thinking guided by this opinion, because it appears to be such a well organized and on-point discussion of this topic from a legal, constitutional point of view. On the other hand, I am not an attorney and what the heck do I know about how the supreme court justices think about and respond to cases?

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Supreme Court Will Hear DC Handgun Ban Case

It is my understanding that this brief was put together during John Ashcroft's tenure as a position piece for the DOJ as preparation for the future. The powers that be felt at the time that several cases working their way through the system may eventually be heard by the Justices regarding the second amendment.

The brief is important because it lays the foundation for the Solicitor General who will take the U.S. position before the court.

It will be interesting to see whether this brief is used. I suppose that the brief or something like it will be filed "amicus curiae" (friend of the court) since the federal government is neither a plaintiff nor defendant. However the case in question is directly related to the abridgment of the secondment amendment, so it seems relevant that the SG would file this with the court for review.

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Supreme Court Will Hear DC Handgun Ban Case

bitmasher use to big of words for dumb hillbilly like me!!! neener! neener! Just kiddin buddy

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