Supreme Court extends gun rights to all 50 states

[Ralph Wiggum]

The Supreme Court struck down Chicago's ban on hand guns today and extended the reach of the 2nd Amendment as a nationwide protection against laws that infringe the "right to keep and bear arms."

The 5-4 decision voids the 1982 ordinance, one of the nation's strictest, which barred city residents from having handguns for their own use, even at home. The ruling has both local and national implications.

Two years ago, the high court ruled in a case from Washington, D.C. that the 2nd Amendment protects the rights of individuals to have a gun for self-defense. Since the District is a federal city and not a state, the court did not decide then whether the 2nd Amendment could be used to challenge other municipal ordinances or state laws.
In today's decision, the court said the constitutional protection of the 2nd Amendment extends to city and state laws, not just federal measures.

Much more at LINK

[Mike220]

Suck it Chicago. Suck it long. And suck it hard.

[Chris_]

[Mike220]

And I wonder how the DUmmies are going to react.

[Ralph Wiggum]

Mayor Daley is already planning to put a new ban in place.  It'll take years for it to reach the SCOTUS again, but who knows what the court will look like at that point.

[Thor]

Mayor Daley is already planning to put a new ban in place.  It'll take years for it to reach the SCOTUS again, but who knows what the court will look like at that point.

If he does, then he will be violating people's civil rights as determined by today's  decision. Any court would be obligated to throw out any charges arising from any new type of "ban", IMO.

[thundley4]

Finally it won't be just the criminals that are armed.

[PatriotGame]

Mayor Daley is already planning to put a new ban in place.  It'll take years for it to reach the SCOTUS again, but who knows what the court will look like at that point.

Smoke `em if ya got `em...

[PatriotGame]

And I wonder how the DUmmies are going to react.

Hairs on fires, heads `esplodin'...
delicious...

[Thor]

And I wonder how the DUmmies are going to react.

I've seen some of the posts at the DU concerning gun control. Surprisingly enough, there are a LOT of DUers that are very PRO 2nd Amendment. There may be a few vocal ones that are rabidly anti-gun, but on the whole, I wouldn't expect to read a lot about too many heads exploding, etc.

[Mike220]

I've seen some of the posts at the DU concerning gun control. Surprisingly enough, there are a LOT of DUers that are very PRO 2nd Amendment. There may be a few vocal ones that are rabidly anti-gun, but on the whole, I wouldn't expect to read a lot about too many heads exploding, etc.

Found one thread. Seemed 50/50 at that point. I'll bring it over.

[Airwolf]

I can't wait to see how the media and the White House will try and spin this.

[DumbAss Tanker]

Found one thread. Seemed 50/50 at that point. I'll bring it over.

That's fairly typical of them on gun issues...of those that post on the threads, it seems fairly even.  I expect their opinion as a whole heavily favors gun control, but for whatever reason (Mainly not the average DU poster's particular pet rock I expect), only a certain percentage of them actively post on the gun threads, and that percentage seems to be roughly even on each side. 

[rich_t]

The part I don't like is:

But because the court sent the case back to a lower court, Chicago's handgun ban remains in effect for now.

[Mike220]

The part I don't like is:

I'm definitely not a lawyer, but I thought that was pretty standard. SC rules on something and then sends it back to the lower court and says "This is how you're going to rule" and lets the lower court wrap it up.

[rich_t]

I look for a flurry of new lawsuits concerning gun laws in cities and states all over the country.

As I understand it, this ruling in effect and finally "incorporates" the 2nd Amendment.  Something us gun rights advocates have been working toward for decades.

I also look for a lot of cities that may currently ban firearms to begin mandating firearm registration and owner licensing as a way to get around this ruling.

The fallout of this ruling is going to be massive IMO.

[Alpha Mare]

Another 5-4 decision for constitutional rights.    One more Obama judge and we're

[Randy]

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.





shall not be infringed.

[Eupher]

Another 5-4 decision for constitutional rights.    One more Obama judge and we're

Not very likely. Since outgoing John Paul Stevens voted for the minority and Kagan, if she's confirmed, would likely also vote within the liberal wing (and thus remain in the minority), it's basically a wash.

Arthur Kennedy becoming the new swing voter?

[5412]

Not very likely. Since outgoing John Paul Stevens voted for the minority and Kagan, if she's confirmed, would likely also vote within the liberal wing (and thus remain in the minority), it's basically a wash.

Arthur Kennedy becoming the new swing voter?

Hi,

I think the most disturbing thing for me was the fact the vote was 5-4.  To me is really says four of the justices do not give a damn about the Constitution and just how close we are to some real problems.  If the court does swing the other direction then it is likely all over for our republic.

regards,
5412

[Eupher]

Hi,

I think the most disturbing thing for me was the fact the vote was 5-4.  To me is really says four of the justices do not give a damn about the Constitution and just how close we are to some real problems.  If the court does swing the other direction then it is likely all over for our republic.

regards,
5412

Breyer's dissent was patterned, in part, after the whole idea of "letting the individual states and municipalities decide their own application, rather than having a federal interpretation of the law."

That tells me that he's trying to put the state's right spin on his dissent, rather than looking at gun ownership as being a universal right.

[Odin's Hand]

Well, someone I know up that way isn't violating the municipal statute anymore...

[DumbAss Tanker]

Breyer's dissent was patterned, in part, after the whole idea of "letting the individual states and municipalities decide their own application, rather than having a federal interpretation of the law."

That tells me that he's trying to put the state's right spin on his dissent, rather than looking at gun ownership as being a universal right.

And that's pretty consistent with the tack the Court took on it from the first National Firearms Act (NFA) cases 'way back in gangster days, however the entire rationale they used was based on a horribly tortured misreading of the Second Amendment.  The most powerful and most obvious thing about the Second is that First and Third thru Eighth Amendments are clearly intended to enshrine individual rights against government encroachment, if the Second was NOT intended to protect an individual right, why is it in there instead of being a subordinate clause in the Tenth, which cover rights retained by the States (Which would be the place to put it consistent with the Court's original NFA analysis)?   

[rich_t]

Well, someone I know up that way isn't violating the municipal statute anymore...

Tut tut...  Not so fast.  The SCOTUS referred it back to the lower court, so the Chicago ban remains in effect for now.

[Eupher]

And that's pretty consistent with the tack the Court took on it from the first National Firearms Act (NFA) cases 'way back in gangster days, however the entire rationale they used was based on a horribly tortured misreading of the Second Amendment.  The most powerful and most obvious thing about the Second is that First and Third thru Eighth Amendments are clearly intended to enshrine individual rights against government encroachment, if the Second was NOT intended to protect an individual right, why is it in there instead of being a subordinate clause in the Tenth, which cover rights retained by the States (Which would be the place to put it consistent with the Court's original NFA analysis)?   

I'm sure that explains why Breyer's writing for the minority.

This time.

The bastards will be back, of that I have no doubt.