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-   -   Victory in The United States Supreme Court! (http://www.firearmstalk.com/forums/f97/victory-united-states-supreme-court-5181/)

tracker 06-26-2008 02:34 PM

Victory in The United States Supreme Court!
 
By a vote of 5-4, The United States Supreme Court today ruled that the Second Amendment to the United States Constitution guarantees a fundamental, INDIVIDUAL right to keep a firearm in your own home.

Voting with the majority were Chief Justice Roberts, Justice Scalia, Justice Thomas, Justice Kennedy, and Justice Alito, who wrote the opinion. Justices Breyer, Ginsburg, Souter and Stevens voted to uphold D.C.’s complete gun ban.

Buckeye Firearms Foundation, together with a coalition of private security companies, filed an amicus brief in support of Mr. Heller.

With this decision, the Court signaled an unequivocal end to the two-decade legal charade popularly referred to as the "collectivist theory." Your right to possess a firearm in your own home is an individual right and has nothing to do with your role, or lack of role, in any militia.

Prior to today’s decision, the majority of the federal court circuits had utilized the collectivist theory, mostly as a means to uphold criminal convictions for violations of federal firearm laws. Clearly bad facts make bad law, and today’s decision is the reprieve gun owners have been looking for.

But what does the Heller decision mean? The easiest way to answer this question is to look to the question that the Supreme Court asked: Whether the following provisions, D.C. Code §§ 7-2502.02(a)(4), 22-4504(a), and 7-2507.02, violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?

That is the scope of the decision in a nutshell. People living in D.C. have the right to possess firearms in their own homes, and D.C.’s law, which amounted to a ban, violated that right. However, even though the decision is limited to this specific holding, the Heller case will clearly have nationwide impact in the coming years as it is tested and applied against cities in lawsuits throughout the United States.

Buckeye Firearms Association

mpoirier22114 06-26-2008 02:46 PM

it's a good thing too, and about time a ruling was made on the second amendment since it was written:D

mike481 06-26-2008 02:49 PM

I know that no one can see me but I just wanted to let everyone know that I am doing my happy dance:D:D:D

Dillinger 06-26-2008 02:58 PM

Well gentlemen - This calls for a small celebration. Tonight I shall be hoisting a frosty mug to Justices Roberts, Scalia, Thomas, Kennedy, and Alito.

This is very good news indeed.....

JD

opaww 06-26-2008 03:04 PM

I am reading the whole rulling now and it leaves some possable loop holes that the anti-Americans, I mean anti-gunners may be able to use to their advantage

pioneer461 06-26-2008 03:38 PM

Great news indeed, but the fight is not over. This ruling, as it was designed, is just the first step. Now that we have this ruling that the 2nd Amendment is an individual right, we can now go forward with the fight to define "reasonable" restrictions.

Celebrate, by all means, but don't get complacent. The anti gunners are still with us, and they are very well funded and motivated.

Join in the fight, Join the NRA.


bkt 06-26-2008 03:50 PM

Good news, indeed.

Dillinger 06-26-2008 03:53 PM

Quote:

Originally Posted by pioneer461 (Post 29318)
Great news indeed, but the fight is not over.

Celebrate, by all means, but don't get complacent.

Agreed. I said a "small celebration" - merely a battle one, but by no means time to relax and concede the war....

JD

mrwatch 06-26-2008 04:13 PM

good
 
Great news indeed. I had recently heard from an retired policeman that a city in Illinois had such a ban of any guns. No body knows how they snuck that one in. True? They probably will dig for loopholes.

fapprez 06-26-2008 04:16 PM

Yep.

I just finished reading the AP wire and stopped by to see what was buzzing here.

It is a small step but at least it's a step in the right direction:)


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