The Briefing Room
General Category => National/Breaking News => Second Amendment => Topic started by: libertybele on October 07, 2021, 12:00:21 am
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First major Second Amendment case before the Supreme Court in over a decade could topple gun restrictions
The stakes in one of the most significant Second Amendment cases in U.S. history are high.
The Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen, expected by mid-2022, could declare a New York state restriction on carrying concealed handguns in public places unconstitutional.
Such a ruling in favor of the plaintiffs, which include a National Rifle Association affiliate, could loosen gun regulations in many parts of the country.
In my view as a constitutional scholar, this case is also noteworthy in that how the court reaches its conclusion could affect the constitutional analysis of all weapons laws in the future.
The court is set to hear oral arguments on Nov. 3..........
................In considering Bruen, the Supreme Court will focus on the meaning of an important precedent: District of Columbia v. Heller.
When the Supreme Court issued its Heller ruling in 2008, a 5-4 majority struck down Washington, D.C.‘s ban on the possession of handguns in the home. The court held for the first time that the Second Amendment protects an individual’s right to keep and bear arms.
Writing for the majority, the late Justice Antonin Scalia declared that the “central component” of the Second Amendment was not a “well regulated Militia,” but rather “the inherent right of self-defense.”
But the majority’s decision included cautionary language that lower-court judges have since relied on to uphold gun laws.
“The right secured by the Second Amendment is not unlimited” and is “not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose,” Scalia wrote. His opinion even contained a list of “presumptively lawful regulatory measures,” such as restrictions on the possession of firearms by felons or bans on carrying them in sensitive places like schools and government buildings.....................
https://news.yahoo.com/first-major-second-amendment-case-191652147.html
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could topple gun restrictions......or go the other way.
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could topple gun restrictions......or go the other way.
True. I am concerned about Roberts, but he did side with Scalia's opinion.
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True. I am concerned about Roberts, but he did side with Scalia's opinion.
I'm concerned with all 7 Justices who decided Texas had no standing in the Court of Original Jurisdiction in a lawsuit between the various States.
Courts are always a crapshoot, and anybody who tries to guess the outcomes are engaging in fantasy.
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I'm concerned with all 7 Justices who decided Texas had no standing in the Court of Original Jurisdiction in a lawsuit between the various States.
Courts are always a crapshoot, and anybody who tries to guess the outcomes are engaging in fantasy.
You are absolutely correct; the Justices turned their backs. I for one was caught a little off guard with that one and to me our Republic was shattered.
IF they indeed rule against the 2A; hold on to your britches, load up and be prepared (you're Castle location will be helpful). There's room then IMO for door to door confiscation. Many sheriffs may not comply, but surely the UN would and that is what frightens the hell out of me.