Author Topic: Another Possible POSITIVE implication of Heller  (Read 5266 times)

cslinger

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Another Possible POSITIVE implication of Heller
« on: June 26, 2008, 07:57:33 AM »
In skimming the opinion, it seems that they make clear that the heart of the amendment is about self defense and that those arms used for defense must be ready.

This seems to take some of the wind out of going after ammunition since no ammo or unloaded guns are no different then trigger locked or disassembled etc.

Yes it was a pretty narrow ruling and that is what was expected but I think that both symbolically and practically it is a pretty big win for our side.

Chris

seeker_two

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Re: Another Possible POSITIVE implication of Heller
« Reply #1 on: June 26, 2008, 08:02:14 AM »
Don't forget knives and other weapons.....Scalia was kind enough to write it broad to encompass them, too....  grin
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cslinger

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Re: Another Possible POSITIVE implication of Heller
« Reply #2 on: June 26, 2008, 08:13:27 AM »
Sorry I probably should have folded this into the other topic.  Feel free to move if desired.

Chris

Manedwolf

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Re: Another Possible POSITIVE implication of Heller
« Reply #3 on: June 26, 2008, 08:17:34 AM »
In skimming the opinion, it seems that they make clear that the heart of the amendment is about self defense and that those arms used for defense must be ready.

This seems to take some of the wind out of going after ammunition since no ammo or unloaded guns are no different then trigger locked or disassembled etc.

Yes it was a pretty narrow ruling and that is what was expected but I think that both symbolically and practically it is a pretty big win for our side.

Chris

I think that should mean that you are due at least several hundred rounds of Lake City or other contract ammo of your preferred caliber every year, provided free of charge. Because you must be ready. grin

HankB

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Re: Another Possible POSITIVE implication of Heller
« Reply #4 on: June 26, 2008, 10:49:35 AM »
Since they've affirmed it is a RIGHT . . . can cities that require registration now charge you a fee if you exercise that right? Wouldn't that be like a poll tax for exercising your right to vote?
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nico

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Re: Another Possible POSITIVE implication of Heller
« Reply #5 on: June 26, 2008, 06:28:29 PM »
Since they've affirmed it is a RIGHT . . . can cities that require registration now charge you a fee if you exercise that right? Wouldn't that be like a poll tax for exercising your right to vote?

It'd have to be challenged in court, just like every other gun law that isn't D.C.'s ban on handguns undecided

lupinus

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Re: Another Possible POSITIVE implication of Heller
« Reply #6 on: June 27, 2008, 10:12:16 AM »
This is key to this-

Quote
1. The Second Amendment protects an individual right to possess a
firearm unconnected with service in a militia, and to use that arm for
traditionally lawful purposes, such as self-defense within the home.
That we can not just have them, but that we can use them.  Using them requires ammunition. 

To ban ammunition would infringe on my right to use my firearm.

It also specifically states that trigger locks/disassembly are an infringement.  One could could also argue that laws requiring a gun to be locked away (such as I believe Cali has, correct me if I am wrong) are a similar infringement and that this ruling declares said law unconstitutional.
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Werewolf

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Re: Another Possible POSITIVE implication of Heller
« Reply #7 on: June 27, 2008, 11:28:37 AM »
Quote
It also specifically states that trigger locks/disassembly are an infringement.  One could could also argue that laws requiring a gun to be locked away (such as I believe Cali has, correct me if I am wrong) are a similar infringement and that this ruling declares said law unconstitutional.

That'd be true except the ruling made it clear that incorporation wasn't a part of it and that the ruling only applied at the federal level.

The supremes may have written the ruling that way, keeping in mind laws such as CA has on the books, so that in a future case they could incorporate the 2nd.

Ahhhhh.... CRAP! What am I thinking? There's about as much a chance of that being the case as there is of the sun blinking out and going cold tomorrow...
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Brad Johnson

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Re: Another Possible POSITIVE implication of Heller
« Reply #8 on: June 27, 2008, 11:49:06 AM »
Ahhhhh.... CRAP! What am I thinking? There's about as much a chance of that being the case as there is of the sun blinking out and going cold tomorrow...

Odds are 7,259,094,311,690,349,567.4 to one (approximately).

Brad
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lupinus

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Re: Another Possible POSITIVE implication of Heller
« Reply #9 on: June 27, 2008, 12:07:30 PM »
This is true.  However, it gives the basis that could be used in a lawsuit at the state level.

That is all. *expletive deleted*ck you all, eat *expletive deleted*it, and die in a fire. I have considered writing here a long parting section dedicated to each poster, but I have decided, at length, against it. *expletive deleted*ck you all and Hail Satan.

wmenorr67

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Re: Another Possible POSITIVE implication of Heller
« Reply #10 on: June 27, 2008, 08:23:54 PM »
Well with the Chicago and San Fran lawsuits filed I think they are going after inclusion.

That would should open CCW nationwide.
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lupinus

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Re: Another Possible POSITIVE implication of Heller
« Reply #11 on: June 28, 2008, 03:55:21 AM »
The ruling specifically states it does not apply to the carrying of weapons outside the home.
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wmenorr67

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Re: Another Possible POSITIVE implication of Heller
« Reply #12 on: June 28, 2008, 07:08:55 AM »
Yes but with common usage it can be argued that it should be included.
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geronimotwo

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Re: Another Possible POSITIVE implication of Heller
« Reply #13 on: June 28, 2008, 08:12:52 AM »
i believe it can be argued that an individuals right to bear arms does not stop being a right when you leave your home. the big deal is that they ruled it to be individual. from there the 2nd says that right will not be infringed.
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Manedwolf

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Re: Another Possible POSITIVE implication of Heller
« Reply #14 on: June 28, 2008, 08:16:08 AM »
Thomas Jefferson carried pistols for protection when travelling. I do wish someone would mention that.

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Re: Another Possible POSITIVE implication of Heller
« Reply #15 on: June 28, 2008, 11:06:47 AM »
Could this also mean that everyone will be able to have a M16 or M4?  Those are the current arms of the US Army. 
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seeker_two

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Re: Another Possible POSITIVE implication of Heller
« Reply #16 on: June 29, 2008, 03:28:16 AM »
Could this also mean that everyone will be able to have a M16 or M4?  Those are the current arms of the US Army. 

I'd settle for an M40.... http://en.wikipedia.org/wiki/M40_rifle   cool
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Fly320s

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Re: Another Possible POSITIVE implication of Heller
« Reply #17 on: June 29, 2008, 05:32:05 PM »
Ahhhhh.... CRAP! What am I thinking? There's about as much a chance of that being the case as there is of the sun blinking out and going cold tomorrow...

Odds are 7,259,094,311,690,349,567.4 to one (approximately).

Brad

Good.  We know the probability that it will happen, which means that we also know the improbability that it will happen.  All we need now is an improbability drive, and we'll be set.
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Re: Another Possible POSITIVE implication of Heller
« Reply #18 on: June 29, 2008, 05:34:19 PM »
At least we're all remaining optimistic!  cheesy
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