Heller Decision

[BryanP]

The term was applied, then as now, to weapons that were not specifically designed for military use and were not employed in a military capacity.

I see this statement being used against us in the future. The AR-15 design was created for military use. As was the AK-47. For that matter, so was the 1911.

[G27]

Still sounds like a legal problem if defending your home in DC.

Prosecutor: "How where you able to get to your gun, unlock it, load it, and fire so quickly."

Defendant: "Uhm, what are you talking about? Of course it was loaded and unlocked. They lifted the ban, right?"

Prosecutor: "The prosecution rests your honor."

I wonder what can be done about the tight restrictions in light of this legal victory.

From page 58:

We must also address the District’s requirement (as

applied to respondent’s handgun) that firearms in the

home be rendered and kept inoperable at all times. This

makes it impossible for citizens to use them for the core

lawful purpose of self-defense and is hence unconstitu-

tional.

[TGO David]

Merging some threads so that we don't have a dozen different topics on this. Thanks.

[Guest jwp]

I see this statement being used against us in the future. The AR-15 design was created for military use. As was the AK-47. For that matter, so was the 1911.

And the Glock 17, M1 Garand, Springfield 1903, Sig Sauer P226 and about 90% or more of all firearms in "action" today.

[Humble]

We gotta take what we can get, and this is a lot better than it could have been!

[G27]

And the Glock 17, M1 Garand, Springfield 1903, Sig Sauer P226 and about 90% or more of all firearms in "action" today.

I don't think that statement means anything designed and used as a military weapon can be banned, but rather doesn't allow uncommon/specialized weapons to be covered under 2A. As I read it, pretty much any common weapon seems to fall under 'protection' with this decision, which I think woudl include the AR15 and AK47 (plus Glocks, Sigs, etc)...

[Guest jwp]

I agree.

[Guest ProguninTN]

And the Glock 17, M1 Garand, Springfield 1903, Sig Sauer P226 and about 90% or more of all firearms in "action" today.

jwp has it right. Military/non-military use, which was the area of debate in the Miller case may come again down the road. However, Heller was primarily concerned with possession of any weapons regardless of type. Keep in mind, under D.C.'s law, a S/A Six Shooter was banned, and a Single Shot shotgun had to be inoperable. By requiring weapons to be inoperable, it defeated the purpose of owning them.

[Guest slothful1]

Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms

So, is an Applebee's restaurant a "sensitive place"?

[Guest ProguninTN]

Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms

So, is an Applebee's restaurant a "sensitive place"?

That's open to interpretation. The reason that is an issue in TN is because of the state House. Those bills pass the Senate year after year but fail in the House with Speaker Naifeh playing a big role in that.

[strickj]

Yay!!

We won!

The NRA said this will be the stepping stone for future law suits in other city's that have gun bans!

[strickj]

http://www.foxnews.com/story/0,2933,372041,00.html

edit:

The NRA will file lawsuits in San Francisco, Chicago and several of its suburbs challenging handgun restrictions there based on Thursday's outcome.

Edited June 26, 2008 by strickj

[Guest Major Pain]

Finally a little good news out of the government cesspool.--MP

[Guest clutepc]

Glad to hear it!!

Edited June 26, 2008 by clutepc

[Punisher84]

This is awesome news! I love what Feinstein said about people being less safe because of this. Whatever.

[BryanP]

I'm tempted to celebrate by going out and buying a gun. But since I'm getting my driveway concreted today and paying off my mortgage next Tuesday I think I'll just pick up some ammo and head to the range this weekend.

[Guest ProguninTN]

This is awesome news! I love what Feinstein said about people being less safe because of this. Whatever.

Yes people will be unsafe. (if people means anti-gun hypocrites, with guns for me but not for thee syndrome) They may suddenly have incontinence knowing that there are law abiding citizens with guns in their homes.

[Guest clutepc]

I'm tempted to celebrate by going out and buying a gun. But since I'm getting my driveway concreted today and paying off my mortgage next Tuesday I think I'll just pick up some ammo and head to the range this weekend.

Get a gun, the mortgage can wait..

[Guest Lefty]

How do you argue with something so simple? Here is the majority summary:

DISTRICT OF COLUMBIA v. HELLER

Opinion of the Court

In sum, we hold that the District’s ban on handgun

possession in the home violates the Second Amendment,

as does its prohibition against rendering any lawful firearm

in the home operable for the purpose of immediate

self-defense. Assuming that Heller is not disqualified

from the exercise of Second Amendment rights, the District

must permit him to register his handgun and must

issue him a license to carry it in the home.

* * *

We are aware of the problem of handgun violence in this

country, and we take seriously the concerns raised by the

many amici who believe that prohibition of handgun

ownership is a solution. The Constitution leaves the

District of Columbia a variety of tools for combating that

problem, including some measures regulating handguns,

see supra, at 54–55, and n. 26. But the enshrinement of

constitutional rights necessarily takes certain policy

choices off the table. These include the absolute prohibition

of handguns held and used for self-defense in the

home. Undoubtedly some think that the Second Amendment

is outmoded in a society where our standing army is

the pride of our Nation, where well-trained police forces

provide personal security, and where gun violence is a

serious problem. That is perhaps debatable, but what is

not debatable is that it is not the role of this Court to

pronounce the Second Amendment extinct.

We affirm the judgment of the Court of Appeals.

It is so ordered.

[The Rabbi]

Yay!!

We won!

The NRA said this will be the stepping stone for future law suits in other city's that have gun bans!

Yes. It is a first step and represents powerful ammo for future fights.

SPeaking of future fights, I would encourage people to donate money to the NRA, which will be the point organization in pursuing these lawsuits and lobbying efforts. They are the only pro-gun org with a demonstrated history of achievement in this area. I know what the criticisms are. But again, the track record cannot be ignored. Please consider joining if you aren't a member or donating the next time they send a card (probably daily).

[Guest db99wj]

Rush Limbaugh is going through it right now, for those that are interested.

[Guest ProguninTN]

Yes. It is a first step and represents powerful ammo for future fights.

SPeaking of future fights, I would encourage people to donate money to the NRA, which will be the point organization in pursuing these lawsuits and lobbying efforts. They are the only pro-gun org with a demonstrated history of achievement in this area. I know what the criticisms are. But again, the track record cannot be ignored. Please consider joining if you aren't a member or donating the next time they send a card (probably daily).

Don't forget SAF and GOA. GOA teamed up with NRA to sue New Orleans during the Katrina seizures. JPFO is another good one. Basically, I say support any organization which is involved.

[strickj]

Fox news reported that he will be headed to the city today to pick up a gun registration(I think thats what was said.I was to damn excited to member the exact wording!)

Hes not wasting any time is he?

I just can not wait to see how long that line will be!

Another thing I can not wait to see is other law suits being filled

[G27]

"We may as well consider at this point (for we will have to consider eventually) what types of weapons Miller permits. Read in isolation, Miller’s phrase “part of ordinary military equipment†could mean that only those weapons useful in warfare are protected. That would be a startling reading of the opinion, since it would mean that the National Firearms Act’s restrictions on machineguns (not challenged in Miller) might be unconstitutional,machineguns being useful in warfare in 1939."

Eeeeenteresting...

[strickj]

http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf