Firearm & Gun Forum - FireArmsTalk.com > General Firearms Forums > Legal and Activism > Victory in The United States Supreme Court!

Reply
 
LinkBack Thread Tools Display Modes
Old 06-26-2008, 02:34 PM   #1
Feedback Score: 0 reviews
 
tracker's Avatar
 
Join Date: Jun 2008
Posts: 59
Default 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

__________________

"Freedom is never more than one generation away from extinction. We didn't
pass it to our children in the bloodstream. It must be fought for,
protected, and handed on for them to do the same, or one day we will spend
our sunset years telling our children and our children's children what it
was once like in the United States where men were free." -- Ronald Reagan

"We The People"
"The Pro Gun Blog"

tracker is offline  
 
Reply With Quote

Join FirearmsTalk.com Today - It's Free!

Are you a firearms enthusiast? Then we hope you will join the community. You will gain access to post, create threads, private message, upload images, join groups and more.

Firearms Talk is owned and operated by fellow firearms enthusiasts. We strive to offer a non-commercial community to learn and share information.

Join FirearmsTalk.com Today! - Click Here


Old 06-26-2008, 02:46 PM   #2
Feedback Score: 0 reviews
 
Join Date: May 2008
Posts: 93
Default

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

__________________
mpoirier22114 is offline  
 
Reply With Quote
Old 06-26-2008, 02:49 PM   #3
Feedback Score: 0 reviews
 
Join Date: May 2008
Posts: 20
Default

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

__________________
mike481 is offline  
 
Reply With Quote
Old 06-26-2008, 02:58 PM   #4
Feedback Score: 0 reviews
 
Join Date: Mar 2008
Location: I see you, and you will not know when I will strike
Posts: 24,301
Liked 3475 Times on 1607 Posts
Likes Given: 3590

Default

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

__________________
Dillinger is offline  
 
Reply With Quote
Old 06-26-2008, 03:04 PM   #5
Feedback Score: 0 reviews
 
Join Date: May 2007
Posts: 4,900
Liked 2056 Times on 827 Posts
Likes Given: 2706

Default

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

__________________
opaww is offline  
 
Reply With Quote
Old 06-26-2008, 03:38 PM   #6
Feedback Score: 0 reviews
 
pioneer461's Avatar
 
Join Date: Jul 2007
Posts: 938
Liked 27 Times on 22 Posts
Likes Given: 7

Default

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.

__________________
Sui Juris
Cogito, ergo armatum sum
NRA Life Member / SAF Member
Retired Police Detective '71-'01 / LEOSA Certified
Naval Aviation Veteran '65-'69

United States Constitution (c) 1791
All Rights Reserved
pioneer461 is offline  
 
Reply With Quote
Old 06-26-2008, 03:50 PM   #7
bkt
Feedback Score: 0 reviews
 
Join Date: Apr 2007
Location: Rochester, NY
Posts: 6,973
Liked 1305 Times on 664 Posts
Likes Given: 151

Default

Good news, indeed.

__________________
bkt is offline  
 
Reply With Quote
Old 06-26-2008, 03:53 PM   #8
Feedback Score: 0 reviews
 
Join Date: Mar 2008
Location: I see you, and you will not know when I will strike
Posts: 24,301
Liked 3475 Times on 1607 Posts
Likes Given: 3590

Default

Quote:
Originally Posted by pioneer461 View Post
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
__________________
Dillinger is offline  
 
Reply With Quote
Old 06-26-2008, 04:13 PM   #9
Feedback Score: 0 reviews
 
Join Date: Jul 2007
Location: Fennville,Michigan
Posts: 105
Default 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.

__________________
mrwatch is offline  
 
Reply With Quote
Old 06-26-2008, 04:16 PM   #10
Feedback Score: 0 reviews
 
fapprez's Avatar
 
Join Date: Mar 2008
Location: Largo,Fl
Posts: 492
Liked 7 Times on 7 Posts
Likes Given: 7

Default

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

__________________
fapprez is offline  
 
Reply With Quote
Reply

Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
Supreme Court Appointment falseharmonix Politics, Religion and Controversy 28 05-30-2009 10:44 PM
The Russia/Georgia conflict and the United States? huckleberry The Club House 26 08-16-2008 12:09 AM
Supreme Court on RKBA bkt Politics, Religion and Controversy 2 03-19-2008 01:30 AM
2nd Amendment - Supreme Court notdku Legal and Activism 5 11-20-2007 05:40 PM
Supreme Court, 2nd Amendment, and new documentary DaveHardy Legal and Activism 2 10-17-2007 08:33 PM