McDonald v. Chicago SCOTUS Opinion

[JayC]

The second case has already been filed, and I'm betting gets heard by the SCOTUS in 2012... By the same attorney in the Heller, and McDonald cases....

As for Dave's thought that states won't abide by a ruling which allows carry... All but 2 states in the union offer some form of licensed or unlicensed carry today.

*sigh* Once more, into the breach...

First off, Dave, you're getting ahead of yourself, and SCOTUS.

The McDonald case isn't about the right to carry. Neither was Heller, for that matter. Heller addressed whether or not the 2nd was an individual right or not. And McDonald is about whether or not the 2nd only applies to the Federal government, or if it applies to State governments as well.

If SCOTUS rules that the 2nd applies to both the Feds AND the State ( incorporation ), then there will have to be a whole 'nother case concerning the issue of exactly what "bear" means, and how much control over that any U.S. government is allowed to have.

So, a positive ruling for gun owners on Monday will not be any kind of grand end to the whole mess, any more than Heller was... It'll only be another step in the right direction. And one of several that will need to be taken to get us - gun owners - back where we think we should be.

As for the whole "Some states won't comply"..... Bulls**t. You seem to be forgetting that there will be MANY people, in ANY state who's government wants to pull that, that simply will not let them get away with it. And they will then have the law on their side to support their position. And though it might take time to get it all worked out, it WILL get worked out.

So while I do agree with you that there may be State governments that don't want to go along with any ruling that comes from SCOTUS that takes away their control of people carrying weapons, in the end I just can't imagine that government succeeding... unless the people of that state want 'em to.

J.

[Guest Jamie]

The second case has already been filed, and I'm betting gets heard by the SCOTUS in 2012... By the same attorney in the Heller, and McDonald cases....

Then it is the third* case in the current series, and that "next step" in getting the answers we all want.

J.

* I'm counting Heller as the first here.

[DaveTN]

*sigh* First off, Dave, you're getting ahead of yourself

*Sigh*

Thanks for the lecture Jamie, but I’m pretty clear on what is going on.

The battle for the “Right to Keep and Bear arms†has been going on all my life and will continue long after I am gone….. Always one court case away from everyone strapping on their guns and walking down the street.

You will be allowed to do that when the state you are in decides to allow it and not until then. We already fought a war over states rights and it will not happen again.

Do I think we should be able to carry? Of course. Do I think the Federal government will ever cram that down the throat of any state? You would have to believe in the Easter bunny to buy into that.

D.

[Guest Jamie]

*Sigh*

Thanks for the lecture Jamie, but I’m pretty clear on what is going on.

It's pretty hard to tell, at times...

J.

[Guest jackdm3]

Ding! Ding! Ding!

Layyyydies and gennntlemennnn!

Tonight, for you entertainment, in one corner we have Jamie in the snazzie hat and duster, former LEO and recovering lungerrrrr!

And in the other corner, DaveTN wrapped in our nation's colors and proudly made in the USA, former LEO and ready to pack from sea to shining sea ...

Let's get ready to rummmmbuuullllll !

Edited June 26, 2010 by jackdm3

[Guest Jamie]

Edit: Never mind, he fixed it.

Let's get ready to rummmmbuuullllll !

Not gonna happen and I've already told you why.

J.

Edited June 26, 2010 by Jamie

[Mike.357]

thats pretty funny

[raydog1]

So if the ban is overturned, will it be legal to stick a bayonet up Daley's butt? Constitutionally speaking of course. . .

Mayor Daley Regrets "Up Your Butt" Comment About City's Handgun Ban - cbs2chicago.com

At that news conference, Chicago Reader reporter Mick Dumke asked Daley if the ban has been effective, given how many people are shot in the city every year. The mayor responded by picking up a rifle with a bayonet from among several seized guns that Chicago police had put on display.

"It's been very effective," Daley said as he held the rifle. "If I put this up your butt, you'll find out how effective it is. Let me put a round up your, you know."

Asked what prompted him to pick up the rifle in the first place, Daley said, "It was a gun with a bayonet. . just think, a gun with a bayonet. What is a bayonet used for?"

When a reporter pointed out bayonets are not traditionally used for sticking up someone's butt, Daley said, "you stick it everyplace."

[Motasyco]

Supreme Court extends gun rights to all 50 states FOX News headline

[G27]

We win!

5-4, under Due Process.

Opinion can be downloaded here.

[Steelharp]

SCOTUS has approved gun rights to all 50 states. Good for them/us!!

[timcalhoun]

Great News!!!!

[PC7]

Well, just watched it on Fox News. The Court sided with us, the 2nd Amendment applies to all states....something we knew all along. However, I don't think much will change in Cali and Chicago. They will find ways around the ruling. If they don't respect the Constitution, why will they respect the SCOTUS ruling.

[Guest SUNTZU]

[PC7]

We win!

5-4, under Due Process.

Opinion can be downloaded here.

What were the 4 thinking! Really? I guess they don't believe in the US Constitution...that is sad and scary.

[mikegideon]

What he said.

[Guest uofmeet]

WOOT WOOT!!!

[I_Like_Pie]

Cooper, Ayoob, etc.... They were good I will admit.

But Alan Gura is my personal 2a hero!

[Armed Aviator]

And there was much rejoicing

:poop:

[raydog1]

Finally! Now for much wailing & gnashing of teeth from the Brady Campaign, Daley, Bloomberg. . . I'm gonna LOVE the next few weeks.

[Steelharp]

Wish Daley could have met Spade Cooley...

[Guest Jamie]

And there was much rejoicing

But not by some.

I'm bettin' Sarah Brady and a bunch'a others just themselves.

Oh, and the "Reversed and Remanded" means that the 7th circuit court now gets to blow Chicago's gun ban to hell.

J.

[Armed Aviator]

Finally! Now for much wailing & gnashing of teeth from the Brady Campaign, Daley, Bloomberg. . . I'm gonna LOVE the next few weeks.

+1

[RobertNashville]

States and cities that don't want the populace to enjoy their rights will always keep trying to find ways to quash those rights and that's true whether we are talking about the Second Amendment or the First or any other.

I would suggest that the pendulum swung so far to the "anti-gun" side because the people elected politicians who ultimately don't like the freedoms enumerated in the Constitution who passed anti-gun legislation (sometimes with the support of well meaning but nevertheless totally wrong conservative/moderate politicians) and who also put left-wing "I know better than you do" judges into place which liberal/socialist/communist/dirt people groups have used to try and re-make the United States into "Russia light" with lawsuits that did what they couldn't get the legislators to do for them directly.

These groups took many decades to get us to what I fervently hope was the "low point" for gun rights and we aren't going to swing the pendulum back with one or two Supreme Court decisions...we have some momentum now but it's going to take electing politicians who actually DO believe in the Constitution who will dismantle some the the onerous legislation currently in place and who will start to put judges in place who also think the Constitution means what it says and says what it means and then groups who believe as we do will have to continue to file lawsuits and continue to push back against any who would seek to take away any of our rights.

[mikegideon]

Wayne sez...

NRA-ILA :: Statement by Wayne LaPierre Executive Vice President, National Rifle Association Regarding U.S. Supreme Court Decision McDonald v. City of Chicago

Monday, June 28, 2010

Today marks a great moment in American history. This is a landmark decision. It is a vindication for the great majority of American citizens who have always believed the Second Amendment was an individual right and freedom worth defending.

The Supreme Court said what a majority of the American public believes. The people who wrote the Second Amendment said it was an individual right, and the Court has now confirmed what our founding fathers wrote and intended. The Second Amendment -- as every citizen’s constitutional right -- is now a real part of American Constitutional law.

But, Supreme Court decisions have to lead to actual consequences or the whole premise of American constitutional authority collapses. Individual freedom must mean you can actually experience it. An incorporated freedom has to be a real freedom.

The intent of the founding fathers -- and the Supreme Court -- was to provide access. Words must have meaning.

The Supreme Court has now said the Second Amendment is an individual freedom for all. And that must have meaning. This decision must provide relief to law-abiding citizens who are deprived of their Second Amendment rights.

I’m a practical guy. I don’t want to win on philosophy and lose on freedom. The end question is, can law-abiding men and women go out and buy and own a firearm? Today the Supreme Court said yes – anywhere they live!

This decision cannot lead to different measures of freedom, depending on what part of the country you live in. City by city, person by person, this decision must be more than a philosophical victory. An individual right is no right at all if individuals can’t access it. Proof of Heller and McDonald will be law abiding citizens, one by one, purchasing and owning firearms.

The NRA will work to ensure this constitutional victory is not transformed into a practical defeat by activist judges, defiant city councils, or cynical politicians who seek to pervert, reverse, or nullify the Supreme Court’s McDonald decision through Byzantine labyrinths of restrictions and regulations that render the Second Amendment inaccessible, unaffordable, or otherwise impossible to experience in a practical, reasonable way.

What good is a right without the gun? What good is the right if you can’t buy one? Or keep one in your home? Or protect your family with one?

Here’s a piece of paper – protect yourself. That’s no right at all!

Victory is when law abiding men and women can get up, go out, and buy and own a firearm. This is a monumental day. But NRA will not rest until every law-abiding American citizen is able to exercise the individual right to buy and own a firearm for self defense or any other lawful purpose.

Edited June 28, 2010 by mikegideon