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-   -   Today could be the day... (http://www.firearmstalk.com/forums/f97/today-could-day-28807/)

Jpyle 06-28-2010 12:41 PM

Today could be the day...
 
WASHINGTON Ė The Supreme Court is handing down eagerly awaited rulings on and three other remaining cases in its last meeting until the fall and the final day of Justice John Paul Stevens' long service...

The justices could decide that the Second Amendment's right to "keep and bear arms" serves as a check on local and state gun control laws, as well as federal restrictions.

Yunus 06-28-2010 01:10 PM

10AM EST

Watch live, well at least listen to a reporter who is there live, I think.

SCOTUSblog

Link to the opinion.
http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

NGIB 06-28-2010 02:09 PM

Reversed and Remanded!

5-4, the court recognized that the 14th Amendment does incorporate the 2nd Amendment against the states as recognized in Heller.

Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor.

Looks like incorporation is under the Due Process clause...

opaww 06-28-2010 02:16 PM

That would seem to mean the states can not over ride the 2ad, but we will see

Yunus 06-28-2010 02:19 PM

Yeah but if you live in DC it's still a PITA to get a handgun even after Heller. The process is more confusing than most and has requirements that are designed to make it difficult and somehow those are legal or so they claim.

Chicago will be the same I assume.

RTMiller 06-28-2010 02:20 PM

"This is a big F#@cking deal."

Jo da Plumbr 06-28-2010 02:20 PM

Quote:

Originally Posted by opaww (Post 307347)
That would seem to mean the states can not over ride the 2ad, but we will see

I don't see this helping things here in LA much. We are considered a may issue as far as CCWs. So technically they are not infringing on my 2A. But they never actually issue to Joe citizen. At least it shows they canít go Chicago or DC on us out here.

NGIB 06-28-2010 02:27 PM

What this decision means is that the courts are going to be stacked up with more lawsuits against cities & states. Heller opened the door for this decision and this case will open the door for others.

Being legally able to carry was never a part of this case as it was about a city/state being able to ban guns completely...

Jo da Plumbr 06-28-2010 02:35 PM

Quote:

Originally Posted by NGIB (Post 307351)
What this decision means is that the courts are going to be stacked up with more lawsuits against cities & states. Heller opened the door for this decision and this case will open the door for others.

Being legally able to carry was never a part of this case as it was about a city/state being able to ban guns completely...

Cal Guns has also been hoping for this decision. They are going after the Cal DOJ on the approved handgun law. The approved list is more about extorting "test fees" from manufacturers then any kind of concern for safety.

Jpyle 06-28-2010 03:03 PM

Quote:

Originally Posted by NGIB (Post 307351)
What this decision means is that the courts are going to be stacked up with more lawsuits against cities & states. Heller opened the door for this decision and this case will open the door for others.

Being legally able to carry was never a part of this case as it was about a city/state being able to ban guns completely...

Correct, now we get to argue how much regulation denotes infringement since one does not have to ban a right to infringe upon it.


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