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View Full Version : Heller Injunction Affirmed by USSC


spatin
June 26, 2008, 10:24
I never thought I would see this day.

Here is the full text of the opinion.

http://www.nraila.org/media/PDFs/HellerOpinion.pdf

Sidney

Para Driver
June 26, 2008, 11:05
A very interesting provision states that part of the decision is based on 'banning a particular class of firearm'. That may be helpful if Obama wins, and proceeds with AWB2, it set the stage?

ar15junkie
June 26, 2008, 11:08
I don't think the SC opinion gave us everything we hoped for but its a start.

What concerns me is that its is said in specific that states may regulate firearms storage for safety reasons, but that trigger locks would render handguns useless for their now affirmed use of self defense.

spatin
June 26, 2008, 11:40
The good part is that the individual right to ownership and possession of firearms was upheld as a basic right, so any challenges to new or existing laws will have to start on that basis.

I also think that the language should have been stronger, a lot stronger, in the decision that the 2nd Amendment guarantees the right to keep and bear arms, but it is sure better as written than if the USSC had found some way to weasel out of making a decision, or, worse, to somehow uphold the Washington DC gun ban on some super-technical basis. For example, one of the Washington DC arguments was that DC is not a state so does not have to follow the limits imposed on states by the Constitution.

We will have to see what the politicians do with this. I'll be watching.

Sidney

ar15junkie
June 26, 2008, 12:34
Originally posted by spatin
The good part is that the individual right to ownership and possession of firearms was upheld as a basic right, so any challenges to new or existing laws will have to start on that basis.

I also think that the language should have been stronger, a lot stronger, in the decision that the 2nd Amendment guarantees the right to keep and bear arms, but it is sure better as written than if the USSC had found some way to weasel out of making a decision, or, worse, to somehow uphold the Washington DC gun ban on some super-technical basis. For example, one of the Washington DC arguments was that DC is not a state so does not have to follow the limits imposed on states by the Constitution.

We will have to see what the politicians do with this. I'll be watching.

Sidney

I agree but we must also consider that the SC has affirmed the rights of states to place reasonable restrictions on said matters. So many different ideas about what is reasonable.

I like that US vs Miller was also sized up as being bs. Now if we could get some powerful lobby group to launch a legal attack against US vs Miller thus hopefully having the nfa of '34 thrown out we'll be in good shape. I'm not sure what the legal procedure would be for this.

Anybody know what the bush administration was calling for from the SC on this? Heard in the news they went further than the administration asked for.