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DC gun ban struck downFollow

#1 Jun 26 2008 at 8:07 AM Rating: Excellent
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Of interest to me because Chicago has a nearly identical ban:
CNN wrote:
WASHINGTON (CNN) -- The U.S. Supreme Court ruled Thursday that a sweeping ban on handguns in the nation's capital violated the Second Amendment right to bear arms.

The justices voted 5-4 against the ban, with Justice Antonin Scalia writing the opinion for the majority.

At issue in District of Columbia v. Heller was whether Washington's ban violated the right to "keep and bear arms" by preventing individuals -- as opposed to state militias -- from having guns in their homes.

"Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our nation, where well-trained police forces provide personal security and where gun violence is a serious problem," Scalia wrote. "That is perhaps debatable, but what is not debatable is that it is not the role of this court to pronounce the Second Amendment extinct."

Scalia was joined by Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas, who are all considered conservative voices on the court. Justice Anthony Kennedy, often seen as a swing vote, also joined the majority.
No real complaint for me. I'm all for greater gun control but I wouldn't have thought a complete ban on handguns to be realistic nor even within the intent of the 2nd Amendment. I suppose the real question is if/how cities with bans will try to skirt the ruling.
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#2 Jun 26 2008 at 8:11 AM Rating: Excellent
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Control, to me, means limiting control of who can buy and sell guns. An outright ban would require an Amendment.

I'd like to see it (fat chance), but to continue trying to undercut the Bill of Rights is just intellectually dishonest.

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#3 Jun 26 2008 at 9:17 AM Rating: Decent
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No surprise. Obviously I would have hoped they'd have ruled the other way, but this was widely expected.

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#4 Jun 26 2008 at 9:26 AM Rating: Excellent
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The official response from the City of Chicago is "Let'em sue us."
The Chicago Tribune wrote:
Benna Solomon, deputy corporation counsel for the city, asserted that the Supreme Court decision only applies to the federal government. Washington D.C., she said, is part of the federal government, but Chicago is an independent home-rule unit of Illinois.

"The court notes that is not required to consider whether the 2nd Amendment also applies to state and local government, and therefore it does not consider that question," Solomon said. "The court had previously held on three occasions the 2nd Amendment does not apply to state and local government, and it does not reconsider or even address that issue in this opinion."
Elsewhere in the article it states that they fully expect to be sued over it soon but don't think it'll hold up. In any event, it'll be another drag up the judicial ladder since no one will be content with the initial ruling.
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#5 Jun 26 2008 at 9:31 AM Rating: Excellent
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To hell with hand guns. Pistols were around when that was written. Semi and automatic weapons weren't. WTF do you need with an Assualt Rifle?
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#6 Jun 26 2008 at 9:33 AM Rating: Good
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To hell with hand guns. Pistols were around when that was written. Semi and automatic weapons weren't. WTF do you need with an Assualt Rifle?


That would be a good strict constructionist ruling. Scalia writes "You can have muskets, that was the clear intent"
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#8 Jun 26 2008 at 10:19 AM Rating: Excellent
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knoxsouthy wrote:
You need assault rifles to protect yourself against this;

http://images.google.com/imgres?imgurl=http://home.pacbell.net/rsdotson/images/fed_gun.jpg&imgrefurl=http://home.pacbell.net/rsdotson/gov/govkills.htm&h=280&w=360&sz=16&hl=en&start=11&um=1&tbnid=hpM7qZpX93rRFM:&tbnh=94&tbnw=121&prev=/images%3Fq%3Dfbi%2Braids%2Belian%2Bgonzalez%2Bhome%26um%3D1%26hl%3Den%26sa%3DN

Listen dude, if the government wants to take you out, your Assault rifle isn't stopping them. You don't own any SAMs.
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#10 Jun 26 2008 at 10:30 AM Rating: Good
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Theyd just bomb the place down with a smart bomb. Its clean and efficient, keeps people sleeping safe at night knowing that if there is a criminal in their neighborhood theyd all be blown up.
#11 Jun 26 2008 at 10:32 AM Rating: Excellent
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Listen if every american owned an assault rifle then the police would think twice before storming into someones home like the gestapo.


Sure, that's how it would work. The police would just have more respect for people. They definitely wouldn't just get bigger guns and serve more "no knock" warrants ending with people shot in the face.

It's always been the case in this country that law enforcement just throws up their hands and gives up when suspects are well armed.
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#12 Jun 26 2008 at 12:31 PM Rating: Decent
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Jophiel wrote:
No real complaint for me. I'm all for greater gun control but I wouldn't have thought a complete ban on handguns to be realistic nor even within the intent of the 2nd Amendment.


And yet, if Gore had won in 2000, or Kerry in 2004, it's almost certain that this ruling would have gone 5-4 (or even 6-3) the other way.

You almost can't get a more clear violation of the 2nd amendment and still the 4 liberals on the court manage to rule incorrectly. This ruling shouldn't have even been close. The fact that it was should bother most US citizens. Alot.
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#13 Jun 26 2008 at 12:36 PM Rating: Decent
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You almost can't get a more clear violation of the 2nd amendment


Scalia et all. disagree with you completely and were exceptionally cautious when parsing the language in the amendment because this is actually as unclear of a violation of the amendment as you can get. There's near universal agreement there.


And yet, if Gore had won in 2000, or Kerry in 2004, it's almost certain that this ruling would have gone 5-4 (or even 6-3) the other way.


Maybe. As it is, this ruling has to dance on the head of a pin to overturn 70 years of precedent. If you want a definition of "judicial activism" this decision is it.

Which I'm fine with, but you whine like a little ***** about. Apparently not when it goes your way. What a shock, Capitan.


This ruling shouldn't have even been close. The fact that it was should bother most US citizens. Alot.


Most US citizens don't own guns or care much about laws regarding them.


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#15 Jun 26 2008 at 1:48 PM Rating: Good
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Most?...Are you making up stats again?

Well under 50% of people in the US who are eligible own firearms of any kind, crackhead. Those who don't don't care much about gun laws, just as people who don't have kids don't care much about education laws.

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#17 Jun 26 2008 at 2:01 PM Rating: Excellent
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According to the bright bulbs at Wikipedia, who cite "Cook, Philip J.; Ludwig, Jens (2003). Evaluating gun policy: effects on crime and violence.", the number of gun owning adults in the US is 25%, mainly males in rural areas.
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#19 Jun 26 2008 at 2:17 PM Rating: Decent
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Yeah I heard you the first time. And still wondering where that stat comes from.


The NRA.

Do you think they're lowballing the numbers?


I can tell you in the south that well over 50% of the people own guns, it's probably closer to 90%.


Probably, it is full of terrified pussies with tiny ***** who need to compensate for their cowardice.

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#20 Jun 26 2008 at 2:33 PM Rating: Good
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Jophiel wrote:
According to the bright bulbs at Wikipedia, who cite "Cook, Philip J.; Ludwig, Jens (2003). Evaluating gun policy: effects on crime and violence.", the number of gun owning adults in the US is 25%, mainly males in rural areas.


Weird. Doing a rough estimate in my head I would say about 70% of the people I know own at least one hand gun (including myself) of some sort and I live in liberal, hippy left coast land. While I consider myself a liberal most of my friends would say they are conservatives and/or are military, retired military or are Five-0. I'm sure that skews it though.

#21 Jun 26 2008 at 2:56 PM Rating: Good
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Listen if every american owned an assault rifle then the police would think twice before storming into someones home like the gestapo.


You can't outgun The Man, you can only outsmart him.

So if The Man decides to go after insurance salesmen, you are screwed.



Quote:
Yeah I heard you the first time. And still wondering where that stat comes from. I can tell you in the south that well over 50% of the people own guns, it's probably closer to 90%.


Big Fucking deal.

PROTIP: Most Americans do not live in the South.
#22 Jun 26 2008 at 3:25 PM Rating: Excellent
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knoxsouthy wrote:
Jophed,

Now we're quoting wikipedia? Come on man.
No, I was quoting Cook, Philip J.; Ludwig, Jens (2003). Evaluating gun policy: effects on crime and violence by way of Wikipedia. It's called a cite. You should use one some time Smiley: smile
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Weird. Doing a rough estimate in my head I would say about 70% of the people I know own at least one hand gun (including myself) of some sort and I live in liberal, hippy left coast land.
As the apocryphal story goes, upon hearing of McGovern's overwhelming loss in '72, a New Yorker was quoted as saying "But everyone I know voted for him!" Smiley: wink2

Edited, Jun 26th 2008 6:27pm by Jophiel
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#23 Jun 26 2008 at 4:02 PM Rating: Good
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Don't Canadians own more guns/capita than Americans? I know maybe 5 people who own guns.
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#24 Jun 26 2008 at 4:22 PM Rating: Decent
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Smasharoo wrote:

You almost can't get a more clear violation of the 2nd amendment


Scalia et all. disagree with you completely and were exceptionally cautious when parsing the language in the amendment because this is actually as unclear of a violation of the amendment as you can get. There's near universal agreement there.


No. They were exceptionally cautions with their words because they didn't want to make this an "activist" ruling by making their case seem broader then it was. They spent most of their time making it abundantly clear that this ruling doesn't affect prevent restrictions based on things like total number of guns, type of ammunition, rate of fire, etc, but *only* the single case before them: A total ban on handguns.

Cause, see... that's the part that makes it unconstitutional. Clearly and absolutely so.

Quote:

And yet, if Gore had won in 2000, or Kerry in 2004, it's almost certain that this ruling would have gone 5-4 (or even 6-3) the other way.


Maybe. As it is, this ruling has to dance on the head of a pin to overturn 70 years of precedent. If you want a definition of "judicial activism" this decision is it.


Wait! So you're arguing that 70 years of rulings OKing bans on things like fully automatic weapons, certain types of ammunition, magazines that hold more then X shots, silencers, etc... establishes a precedent for a complete ban on basic handguns?

Funny how when us Conservatives point out that this is what Liberals are doing, we're bashed for using a "slippery slope!" argument. Yet here you are, saying that those other things act as precedent for a total ban. Hmm...


Let me give you a hint here Smash. There's no "overturning" going on. The US Supreme Court has *never* allowed a total ban on handguns. Ever. What this ruling does is re-affirm the state of constitutionality of basic gun ownership which has been the assumption since the writing of the Bill of Rights. Mapping out the sides of the issue does *not* constitute precedent for removal of the right entirely Smash. Funny that you seem to think so though...


Quote:
Most US citizens don't own guns or care much about laws regarding them.


The part after the "or" is pretty questionable Smash. I know you'd like it if moist people didn't care about gun ownership rights. But wishing doesn't make it true...


EDIT: Fixed a typo. Left the other one in, cause it's funny... ;)

Edited, Jun 26th 2008 5:24pm by gbaji
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#25 Jun 26 2008 at 4:33 PM Rating: Excellent
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gbaji wrote:
The part after the "or" is pretty questionable Smash. I know you'd like it if moist people didn't care about gun ownership rights. But wishing doesn't make it true...


Doesn't matter if they do. The moisture will rust the guns, duh.
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#26 Jun 26 2008 at 4:54 PM Rating: Decent
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No. They were exceptionally cautions with their words because they didn't want to make this an "activist" ruling by making their case seem broader then it was.


False.


Wait! So you're arguing that 70 years of rulings OKing bans on things like fully automatic weapons, certain types of ammunition, magazines that hold more then X shots, silencers, etc... establishes a precedent for a complete ban on basic handguns?


Yes, me and every legal scholar in the nation.


Let me give you a hint here Smash. There's no "overturning" going on. The US Supreme Court has *never* allowed a total ban on handguns.


False.


What this ruling does is re-affirm the state of constitutionality of basic gun ownership which has been the assumption since the writing of the Bill of Rights.


False.


Mapping out the sides of the issue does *not* constitute precedent for removal of the right entirely Smash. Funny that you seem to think so though...


False.

Four for four, Capitan, you're in rare form. You should go sit for the bar, your legal scholarship is exceptional. I'm sure they'd waive the education requirement once you wrote the exam.



ETA:


The part after the "or" is pretty questionable Smash.


False. Or did you mean "questionable" to someone with absolutely no knowledge on the issue? Then, sure. To you, I suspect a great great great many things are "questionable", aren't they, Capitan?



Edited, Jun 26th 2008 8:56pm by Smasharoo
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