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District attorneys nationwide ask Supreme Court to keep gun ban
Newsday ^ | January 11, 2008 | SAMUEL MAULL

Posted on 01/12/2008 8:40:25 AM PST by walkerk

Prosecutors from across the country, afraid that an upcoming U.S. Supreme Court ruling could erode state gun laws, on Friday asked the high court to uphold a ban on unlicensed handguns.

...

The prosecutors, led by district attorneys Robert M. Morgenthau of New York County and Kamala D. Harris of San Francisco, say they worry that what applies in Washington might have an impact on their communities.

Assistant District Attorney Mark Dwyer, head of Morgenthau's appeals bureau, said the high court's review of the Second Amendment will be its first since 1939.

"We would like for the court to reverse the D.C. circuit," Dwyer said, "for them to say there is no individual right to possess a gun, that it (the Second Amendment) enables states to arm militias."

"We hope they don't say anyone can have a gun anytime he wants," Dwyer said.

...

The district attorneys, who represent a total of more than 25 million people, come from jurisdictions that include New York, San Francisco, Boston, Dallas, Chicago, Minneapolis, Detroit, San Diego, Oakland and Atlanta.

(Excerpt) Read more at newsday.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; US: District of Columbia
KEYWORDS: banglist; dc; parker; sanfrancisco
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1 posted on 01/12/2008 8:40:28 AM PST by walkerk
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To: walkerk

Clue to clueless DAs: This is not a popularity contest, it’s about what the US Constitution says. If you don’t like it, try moving to the UK or Australia, and deal with the increased crime rates.


2 posted on 01/12/2008 8:42:21 AM PST by MizSterious (Deport all the illegals to sanctuary cities.)
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To: walkerk
"We hope they don't say anyone can have a gun anytime he wants"

Well, that stupid handgun ban hasn't seemed to stop criminals from having guns any time they want.

3 posted on 01/12/2008 8:42:45 AM PST by NRA1995 (Mr. President and Congress: This is OUR country and don't you forget it!)
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To: Joe Brower

Another nail in the coffin of our republic.


4 posted on 01/12/2008 8:43:17 AM PST by Kevmo (Duncan Hunter won't "let some arrogant corporate media executive decide whether this campaign's over)
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To: Kevmo

Only if the USSC makes the decision the DAs want. Right now, it appears they might not.


5 posted on 01/12/2008 8:44:25 AM PST by MizSterious (Deport all the illegals to sanctuary cities.)
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To: walkerk
Those who seek a little safety at the price of freedom will have neither. The Second Amendment has never been the problem. Criminals are the problem and disarming law-abiding citizens won't reduce crime. Something the nation's DAs seem to miss.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

6 posted on 01/12/2008 8:44:28 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: walkerk
The prosecutors, led by district attorneys Robert M. Morgenthau of New York County and Kamala D. Harris of San Francisco, say they worry that what applies in Washington might have an impact on their communities.

I certainly hope so.

BTW, it's about time the 2A was defended. If it had been defended as much as the 1st, we wouldn't have this mess.

7 posted on 01/12/2008 8:44:57 AM PST by umgud (Thompson/Hunter '08)
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To: walkerk

All these jerks represent major cities only.


8 posted on 01/12/2008 8:46:12 AM PST by Rudder
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To: walkerk
The DA's need to watch out what they ask for, they may get it in a form they don't want.

MY take on what the SCOTUS may rule (IOW WILD ASS GUESS) :

They will rule in favor of the D.C. ban with the following caveat -- they will rule the 2nd Amendment is an INDIVIDUAL RIGHT, but that D.C. is a FEDERAL PROPERTY and for that reason they can ban handguns the same as a military base.

The bottom line for the other cities is that they will lose because a similar ban there would not be on Federal Property even though the SCOTUS upholds the ban in DC

9 posted on 01/12/2008 8:46:37 AM PST by commish (Freedom tastes sweetest to those who have fought to protect it.)
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To: umgud
I guess having people defend themselves is dangerous. A myth belied by 40 states that have RTC laws.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

10 posted on 01/12/2008 8:46:45 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: walkerk
afraid that an upcoming U.S. Supreme Court ruling could erode state gun laws,

"Erode gun laws"? I guess these so called public servants don't worry about our rights being eroded.

11 posted on 01/12/2008 8:48:25 AM PST by BenLurkin
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To: umgud

Uh, McCain-Feingold? Some movie producers were just told this week, by three Federal Judges, that they cannot buy advertising for their movie this year. (Because Hillary is running for office.)

Our current courts are fully of liberals who ignore the US Constitution to give us laws they personally like. This is a problem in all levels of courts, in every state.

More defense of the 2A in such an environment may not yeild great results!


12 posted on 01/12/2008 8:49:18 AM PST by Jack Black
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To: walkerk

The Second Amendment must be upheld for the safety of Citizens that are not criminals.


13 posted on 01/12/2008 8:49:30 AM PST by Dustbunny (The BIBLE - Basic Instructions Before Leaving Earth)
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To: commish
They will rule in favor of the D.C. ban with the following caveat -- they will rule the 2nd Amendment is an INDIVIDUAL RIGHT, but that D.C. is a FEDERAL PROPERTY and for that reason they can ban handguns the same as a military base.

This sort of ruling will render the 2nd Amendment moot. Come to think of it, the Supreme Court issued a similar ruling in consensual sodomy case not that long ago, with a similar caveat, and the rest was history...

14 posted on 01/12/2008 8:49:53 AM PST by pnh102
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To: walkerk

Too Fin’ bad. This is long overdue, a return to our Constitutional roots.


15 posted on 01/12/2008 8:49:56 AM PST by stevio ((NRA))
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To: walkerk

As the fight to preserve the Second Amendment intensifies, spend a few moments reflecting on WHY the Founders put it SECOND in the Bill of Rights.

DISARMED GERMAN JEWS AND THE HOLOCAUST!

http://www.youtube.com/watch?v=cg9q9sxJFnA

WHY DO THEY WANT OUR GUNS?

http://www.youtube.com/watch?v=j73SsNFgBO4


16 posted on 01/12/2008 8:51:49 AM PST by Dick Bachert
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To: BenLurkin
Our public servants could care less they can't trample the people's rights. They want to be allowed to do so regardless of what is actually stipulated in the Constitution. Never mind that our rights are only listed in the Constitution to identify certain rights and none of them require government consent or permission for them to be exercised.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

17 posted on 01/12/2008 8:51:54 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: walkerk
If PA banned guns we who live 30 minutes or more from a State Police Station, we have no local cops, would have no way to protect ourselves.

We all have early warning signals, two or more but their barking would only alert us not save us. It is easy to shoot a dog.

18 posted on 01/12/2008 8:52:47 AM PST by Dustbunny (The BIBLE - Basic Instructions Before Leaving Earth)
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To: walkerk

Elections have consequences....


19 posted on 01/12/2008 8:53:25 AM PST by B.O. Plenty (Give war a chance......)
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To: MizSterious

good idea.


20 posted on 01/12/2008 8:54:39 AM PST by Eric in the Ozarks (ENERGY CRISIS made in Washington D. C.)
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To: harpseal; TexasCowboy; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ...
The roaches are coming out of the woodwork.

Click the Gadsden flag for pro-gun resources!

21 posted on 01/12/2008 8:54:56 AM PST by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: walkerk
It is sort of like the gasoline problem. Alternate fuel and tiny fuel effecient cars that can not climb a hill would send us all back to horse and buggy.

Politicians make me sick, they all think they know what is best for millions of people whom they never even poll for their wants and needs.

22 posted on 01/12/2008 8:56:39 AM PST by Dustbunny (The BIBLE - Basic Instructions Before Leaving Earth)
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To: walkerk

THIS is the direct result of Bloomy’s attack on the Second Amendment. He’s been traveling across the country getting mayors, attorney generals and district attornies to join him in an assault of our Second Amendment right! He can forget his dream to become President.


23 posted on 01/12/2008 8:59:30 AM PST by NRA2BFree ("The time is near at hand which must determine whether Americans are to be free men or slaves!")
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To: goldstategop
"[N]one of [our rights] require government consent or permission for them to be exercised."

BUMP!

24 posted on 01/12/2008 8:59:38 AM PST by BenLurkin
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To: Kevmo
Another nail in the coffin of our republic.

Another shove in the direction of American Revolution II.

25 posted on 01/12/2008 8:59:59 AM PST by xrp (RON PAUL!)
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To: Jack Black
More defense of the 2A in such an environment may not yeild great results!

Sad, but probably true.

26 posted on 01/12/2008 9:00:41 AM PST by umgud (Thompson/Hunter '08)
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To: walkerk

Dallas and Atlanta? That’s disappointing.


27 posted on 01/12/2008 9:02:17 AM PST by snowsislander
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To: walkerk

Is is not the duty of the Court to rule on any case by what the Constitution says and means and not by pressure from any group, pro or con?


28 posted on 01/12/2008 9:06:21 AM PST by fish hawk (The religion of Darwinism = Monkey Intellect)
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To: MizSterious

“Right now, it appears they might not.”

I haven’t kept up with what’s going on in this case. Do you have a link to something that suggests that the Supreme Court will find for an individual right and uphold the lower courts decision that the DC ban is unconstitutional?


29 posted on 01/12/2008 9:10:04 AM PST by EEDUDE
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To: walkerk
District attorneys nationwide ask Supreme Court to keep gun ban

A Supreme Court decision should only be for one reason; to compare other laws to determine if they comply with the Constitution. That is the Supreme Court’s sole function.

A majority opinion of attorneys, citizens, or judges does not trump the Constitution. The Constitution provides an amendment process when the nation chooses to install change. The Constitution provides no other vehicle for change.

30 posted on 01/12/2008 9:11:32 AM PST by MosesKnows (Love many, Trust few, and always paddle your own canoe)
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To: walkerk

You gun folks got to see this - you’ll love it - maybe someone can post the pics of this Hello Kitty AR-15 - evil black rifle meets cute and cuddly

http://blog.riflegear.com/archive/2007/12/26/hello-kitty-ar-15-—evil-black-rifle-meets-cute-and.aspx


31 posted on 01/12/2008 9:11:46 AM PST by Lexington Green (There ain't no news in the news no more.)
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To: NRA2BFree
"He’s been traveling across the country getting mayors, attorney generals and district attornies to join him in an assault of our Second Amendment right! He can forget his dream to become President."

And we need to track just who agrees with him, and drive as many of them out of office as we can manage. Does there exist a website which tracks the record of public officials on the issue?? If not, then "there oughta be".

32 posted on 01/12/2008 9:12:04 AM PST by Wonder Warthog (The Hog of Steel-NRA)
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To: B.O. Plenty

Elections have consequences....

If they are fair and legal. Case in point, this circus going on now, with the media steering the results.


33 posted on 01/12/2008 9:18:01 AM PST by gunner03 ("03" Mustang)
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To: walkerk
Robert M. Morgenthau of New York County and Kamala D. Harris of San Francisco

The Usual Suspects ...

34 posted on 01/12/2008 9:18:14 AM PST by IronJack (=)
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To: Kevmo

“Another nail in the coffin of our republic.”

We’re lawyers we make the laws to our liking, to hell with the Constitution.

There needs to be a ban on lawyers serving in a legislative capacity.


35 posted on 01/12/2008 9:24:23 AM PST by A Strict Constructionist (We have become an oligarchy not a Republic.)
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To: Kevmo; MizSterious
First, I doubt that the USSC will skew their studied interpretation of the Constitution just because a bunch of lawyers don't want freedom in their towns.

Second, and most important, we hold that individual rights are God-given and predate the Constitution. The 2A only affirms the obvious, in case future governments don't get it. The 2A principle allows unjust law to be overturned if necessary. We don't need no steenking badges.

36 posted on 01/12/2008 9:31:24 AM PST by Sender (Feel like, I feel like a poke chop san'wich)
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To: Sender

The 2A principle allows unjust law to be overturned if necessary. We don’t need no steenking badges.

***That there is the beauty of the whole 2nd Amendment. Good post.


37 posted on 01/12/2008 9:33:35 AM PST by Kevmo (Duncan Hunter won't "let some arrogant corporate media executive decide whether this campaign's over)
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To: walkerk

Please read the article-not all DA’s are represented in that group, despite what the headline suggests. I, for one, am a deputy DA who is very tough on armed criminals but believes in the Bill of Rights, especially the Second Amendment.


38 posted on 01/12/2008 9:34:02 AM PST by Spok
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To: Jack Black

“Some movie producers were just told this week, by three Federal Judges, that they cannot buy advertising for their movie this year. (Because Hillary is running for office.)”

But, of course, this was not a problem when Michael Moore’s Fahrenheit 911 was issued specifically to help defeat Bush in 2004. They should buy the ads anyway — if anyone will sell them — and fight this BS ruling out in court after the fact, like the left always does....


39 posted on 01/12/2008 9:42:31 AM PST by JTR1888
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To: walkerk

This is what I have been trying to tell my friends , family , and Freepers . Prosecutors have an occupational bias that seems to taint their judgment forever . They come to believe the Constitutional protections are in reality obstacles to good governance . These obstacles are to be chiseled , nibbled , and eroded by constantly pushing the envelopes allowed by the courts . This creep toward totalitarianism is funded of course by the taxpayer . Often both sides of the litigation are publicly funded , with a huge disparity in favor of the government . Look at your own elected officials and judges . I will not vote or support such statists as Specter , Leahey , and Rudy . It is hard to really know the skunks we vote for , ask republicans here in Idaho .I know it is over broad but self preservation requires adoption of expediencies .I consider DOJ , district attorneys ,and all prosecutor positions to be an automatic disquailfier for representative and executive office .


40 posted on 01/12/2008 9:43:18 AM PST by kbennkc (For those who have fought for it , freedom has a flavor the protected will never know)
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To: walkerk
The district attorneys, who represent a total of more than 25 million people,...

What a crock. Anyone feel that the district attorney represents them as to public opinion? District attorneys are not necessarily the best people around anyway. Ours is about to be driven out of office by his own party for his misconduct.

41 posted on 01/12/2008 9:43:34 AM PST by FreePaul
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To: goldstategop

...and these DAs speak for Rudy as well, no matter WHAT the rino says.


42 posted on 01/12/2008 9:48:36 AM PST by Pharmboy (Democrats lie because they must.)
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To: walkerk
New York, San Francisco, Boston, Dallas, Chicago, Minneapolis, Detroit, San Diego, Oakland and Atlanta.

And these are such safe places to walk at night because....?

I don't care how many people they allege to represent, it does not make them right, even if every one of them agreed. How many did Hitler claim to represent, or Stalin, or Mao?

43 posted on 01/12/2008 9:49:00 AM PST by Smokin' Joe (How often God must weep at humans' folly.)
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To: walkerk
jurisdictions that include New York, San Francisco, Boston, Dallas, Chicago, Minneapolis, Detroit, San Diego, Oakland and Atlanta.

The bluest of blue?

While the crime deterrent effect of guns is excellent, seems many Senators, Mayors, judges, cities, and states ignore the 2nd ammendment with impunity.

Flaunting such a right assumes one has the power to deny it. Corrupt and powerful though they may be, I don't think it is yet 'absolute' outside of their pea-brains.

44 posted on 01/12/2008 9:49:42 AM PST by budwiesest (Screw with the plan-- feel the heel of the 'man'.)
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To: walkerk
"We hope they don't say anyone can have a gun anytime he wants," Dwyer said

traitor.
45 posted on 01/12/2008 9:52:20 AM PST by steel_resolve (If you can't stand behind our troops, then please stand in front...)
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To: walkerk
The district attorneys, who representlord over a total of more than 25 million people,

There, added some truth.

46 posted on 01/12/2008 9:56:40 AM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: gunner03
elections have consequences no matter how they are conducted.

It is up to "we the people" to see that elections are fair and the votes counted properly.

This mans that we go back to paper ballots.....counted by hand, with all interested partys watching the count. No hanging chads, no pregnant chads, no butterfly ballots, and above all...no electronic voting machines that have to be programmed by somebody.

47 posted on 01/12/2008 10:00:38 AM PST by B.O. Plenty (Give war a chance......)
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To: All

It’s a typical Catch22: Keep the ban on unlicensed handguns, implies that some handguns will be licensed. The truth is that virtually no handguns will be licensed. These DA’s weren’t drafted. If they don’t like the job without stripping the populace of its constitutional rights, they can work somewhere else.


48 posted on 01/12/2008 10:03:00 AM PST by DPMD
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To: walkerk

Ah yes, the over-educated lawyer/government “officials” all want to keep the people under their thumb. They can preach “power to the people” all day, but when it comes to the one tool that actually puts the power in the hands of the people, the politicians balk!


49 posted on 01/12/2008 10:04:19 AM PST by meyer (Illegal Immigration - The profits are privatized, the costs are socialized.)
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To: fish hawk
Is is not the duty of the Court to rule on any case by what the Constitution says and means and not by pressure from any group, pro or con?

Well, they recently screwed up the Kelo decision. And in the past, they nullified the right to life. Plus, they've sufficiently eroded the 4th amendment such that people really have no privacy any more. Can we really expect them to NOT rule against the second amendment?

50 posted on 01/12/2008 10:08:32 AM PST by meyer (Illegal Immigration - The profits are privatized, the costs are socialized.)
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