Hawt 2nd Amendment Incorporated by the Supreme Court

Sarcasmo

A Taste Of Honey Fluff Boy
Mar 28, 2005
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Austin
After much arguing and speculating, a deeply divided Supreme Court has ruled that state and local governments are required to observe the 2nd Amendment right to keep and bear arms.

The NRA and other gun advocate groups had pushed hard for the court to incorporate the 2nd Amendment through the Privileges and Immunities clause, though the Court quickly shat on that idea since it would have overruled 140 years of prior, perfectly good law and introduced a whole slew of new questions about unalienable rights that no one wants to deal with. So the Court chose instead to use the Due Process clause of the 14th Amendment as the vehicle for incorporation.

Rejoice, gun owners.

Oh, states and municipalities still have the right to regulate that right within reason, so don't go walking down the middle of Main Street shooting your guns into the air just yet.

In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. See Duncan, 391 U. S., at 149, and n. 14.

We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings.

http://www.chicagoguncase.com/wp-content/uploads/2010/06/mcdonaldopinion08-1521.pdf

http://www.scotuswiki.com/index.php?title=McDonald_v._City_of_Chicago
 
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b_sinning

Erect Member
Nov 22, 2004
22,790
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Savannah, GA
The second amendment was trying to ensure that if we ever had to over throw the government we created ,due to corruption or what not, that we had the means to do it. So it's not a big surprise that over time our government has been trying to weaken that right.
 

JAXvillain

Curly_Sue
Oct 13, 2004
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so does this mean plaxico burress is out of jail due to NYC having an unconstitutional ban on guns?
 

Sarcasmo

A Taste Of Honey Fluff Boy
Mar 28, 2005
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The 2nd Amendment has been around for 220 years, and this is the first time states have been forced to observe it. Go go gadget Constitution!
 

OzSTEEZ

¡ɟɟo ʞɔnɟ ʇunɔ 'ᴉO
Nov 11, 2008
35,330
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The Heller decision in DC affected federal territories 2 years ago. This is the national extension of that decision.

ahh gotcha!

OK, next question.

"states and municipalities still have the right to regulate that right within reason". Does this mean DC government can still not allow CCW's?
 

Sarcasmo

A Taste Of Honey Fluff Boy
Mar 28, 2005
34,396
464
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Austin
ahh gotcha!

OK, next question.

"states and municipalities still have the right to regulate that right within reason". Does this mean DC government can still not allow CCW's?

Probably, yes. Expect loads of future lawsuits related to this decisions and the myriad issues that will arise because of it.
 

JAXvillain

Curly_Sue
Oct 13, 2004
68,542
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Until Im freely able to mound a pair of 50 cal machine guns on the front fenders of my truck, there are too many restrictions.

I want the icecream truck from twisted metal

5.jpg
 

Coqui

Piccolo Pete
Oct 14, 2004
35,593
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Columbus, OH
No it's not.

Why isn't it? Guns don't kill people. People kill people, and those that are going to murder are going to get guns regardless of gun control or not. All gun control does is prevent law abiders from having guns.


*This post made by someone who most would consider leftist.