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Justices Agree on Right to Own Guns
AP via SFGate ^ | 3/18/8 | MARK SHERMAN, Associated Press Writer

Posted on 03/18/2008 2:36:58 PM PDT by SmithL

WASHINGTON (AP) -- Americans have a right to own guns, Supreme Court justices declared Tuesday in a historic and lively debate that could lead to the most significant interpretation of the Second Amendment since its ratification two centuries ago.

Governments have a right to regulate those firearms, a majority of justices seemed to agree. But there was less apparent agreement on the case they were arguing: whether Washington's ban on handguns goes too far.

The justices dug deeply into arguments on one of the Constitution's most hotly debated provisions as demonstrators shouted slogans outside. Guns are an American right, argued one side. "Guns kill," responded the other.

Inside the court, at the end of a session extended long past the normal one hour, a majority of justices appeared ready to say that Americans have a "right to keep and bear arms" that goes beyond the amendment's reference to service in a militia.

Several justices were openly skeptical that the District of Columbia's 32-year-old handgun ban, perhaps the strictest in the nation, could survive under that reading of the Constitution.

"What is reasonable about a total ban on possession?" Chief Justice John Roberts asked.

Walter Dellinger, representing the district, replied that Washington residents could own rifles and shotguns and could use them for protection at home.

"What is reasonable about a total ban on possession is that it's a ban only on the possession of one kind of weapon, of handguns, that's considered especially dangerous," Dellinger said.

Justice Stephen Breyer appeared reluctant to second-guess local officials.

Is it "unreasonable for a city with a very high crime rate ... to say no handguns here?" Breyer asked.

Alan Gura, representing a Washington resident who challenged ban, said, "It's unreasonable and it fails any standard of review."

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


TOPICS: Constitution/Conservatism; Front Page News; Government; US: District of Columbia
KEYWORDS: 2ndamendment; bang; banglist; dc; heller; parker; rkba; robertscourt; scotus
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Even the AP has noticed.
1 posted on 03/18/2008 2:36:59 PM PDT by SmithL
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To: SmithL

You mean when the Constitution says ‘people’ it means ‘people’. This is going to be real shocking discovery to many liberals.


2 posted on 03/18/2008 2:39:19 PM PDT by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: SmithL

WOW, the spin has already begun...


3 posted on 03/18/2008 2:40:15 PM PDT by Gilbo_3 (Choose Liberty over slavery... the gulag awaits ANY compromise with evil...LiveFReeOr Die...)
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To: SmithL
"right to keep and bear arms" that goes beyond the amendment's reference to service in a militia

How shocking.

Whoda thunk it?

Gosh, that's been the understanding for, oh, 230 years or so.

Why didn't anybody mention that to us liberals?!

4 posted on 03/18/2008 2:41:51 PM PDT by Regulator
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To: SmithL
Is it "unreasonable for a city with a very high crime rate ... to say no handguns here?"

Yes it is unreasonable ... and unconstitutional Judge Stevens. But why do I have to tell you what you should already know Sir ?

5 posted on 03/18/2008 2:41:56 PM PDT by clamper1797 (Never ascribe to malice that which is adequately explained by incompetence)
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To: SmithL
Americans have a "right to keep and bear arms" that goes beyond the amendment's reference to service in a militia.
6 posted on 03/18/2008 2:42:02 PM PDT by BenLurkin
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To: SmithL

http://www.handguncontrol.org/

The Brady bunch have a less than exuberant statement on their homepage. If this goes the way we want, there will be much nashing of theeth over there.


7 posted on 03/18/2008 2:42:45 PM PDT by umgud
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To: SmithL
Debating what is reasonable will always be a moving target.... The Supremes must be bold and put this matter to bed forever...

Those that demand survival, will defend themselves regardless of court opinions. The people will ignore an inappropriate decision....

8 posted on 03/18/2008 2:43:29 PM PDT by cbkaty (I may not always post...but I am always here......)
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To: Always Right; SmithL
"Justice Stephen Breyer appeared reluctant to second-guess local officials."

That's retarded if he is truly reluctant to second-guess local officials. The Supremes have been "second guessing" Federal, State, and local officials for decades. And they do this on the grounds of what the founders put in the Constitution. Ptuh! Instead of worrying about second guessing the petty local dopes, just stick to what the founders wrote and everything will turn out just fine.

9 posted on 03/18/2008 2:47:19 PM PDT by Enterprise ((Those who "betray us" also "Betray U.S." They're called DEMOCRATS!))
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To: cbkaty
...regardless of court opinions. The people will ignore an inappropriate decision....

Kinda like good ol' prohibition, eh?

10 posted on 03/18/2008 2:48:44 PM PDT by Budge
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To: SmithL

Great news.


11 posted on 03/18/2008 2:49:20 PM PDT by Vision ("If God so clothes the grass of the field...will He not much more clothe you...?" -Matthew 6:30)
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To: SmithL
I think AP and Mark Sherman may be being disingenuous here. I think that 2nd Amendment supporters were saying that guns *save* lives, while the Brady Bunch where saying guns kill.

I will check.

12 posted on 03/18/2008 2:49:25 PM PDT by marktwain
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To: SmithL
And how about this brilliant quote from Hizzoner the Mayor Adrian Fenty:

"More guns anywhere in the District of Columbia is going to lead to more crime."

What a clueless dolt.

13 posted on 03/18/2008 2:52:33 PM PDT by LimaLimaMikeFoxtrot ("If you don't have my army supplied, and keep it supplied, we'll eat your mules up, sir"-Gen.Sherman)
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To: Enterprise
"Justice Stephen Breyer appeared reluctant to second-guess local officials."

Oddly he has no problem with Roe...

14 posted on 03/18/2008 2:53:19 PM PDT by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: SmithL

“Is it “unreasonable for a city with a very high crime rate ... to say no handguns here?” Breyer asked.”

What Constitutional principle is that question base on?


15 posted on 03/18/2008 2:53:59 PM PDT by cowtowney
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To: SmithL
Don't know if this is relevant, but I read from a credible source that 19’th century England was remarkably crime free due to the fact that packing heat was very common.
16 posted on 03/18/2008 2:54:24 PM PDT by SpaceBar
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To: SmithL

Am I the only one who thinks that Dellinger looks like Nifong’s twin brother?


17 posted on 03/18/2008 2:55:07 PM PDT by patton (cuiquam in sua arte credendum)
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To: SmithL

“Dellinger said he opened the [trigger] lock in three seconds, although he conceded that was in daylight.”

What BS. You can’t put a trigger lock on a loaded gun without greatly increasing the likelihood of an unintended discharge. So use of a trigger lock means you then have to load the gun after the lock is removed. Meanwhile the intruder has gotten bored from waiting for you to load and has already killed you and your family.


18 posted on 03/18/2008 2:55:27 PM PDT by Kirkwood
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To: SmithL
Mark Sherman at the AP has modified what he said earlier:

“Members of the Brady Campaign to Prevent Gun Violence chanted “guns kill” as followers of the Second Amendment Sisters and Maryland Shall Issue.Org shouted “more guns, less crime.”

Now he says:

“Guns are an American right, argued one side. “Guns kill,” responded the other.”

Thus he keeps the opposing argument free of the issue of self defense.

The tactic of the anti-freedom left has always been to define self defense out of the question.

When self defense is included, *they lose*.

19 posted on 03/18/2008 2:56:02 PM PDT by marktwain
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To: SmithL

Silent Running
Mike + The Mechanics

Take the children and yourself And hide out in the cellar
By now the fighting will be close at hand
Don’t believe the church and state
And everything they tell you
Believe in me, I’m with the high command
Can you hear me, can you hear me running?
Can you hear me running, can you hear me calling you?
Can you hear me, can you hear me running?
Can you hear me running, can you hear me calling you?

There’s a gun and ammunition
Just inside the doorway
Use it only in emergency
Better you should pray to God
The Father and the Spirit
Will guide you and protect from up here

Can you hear me, can you hear me running?
Can you hear me running, can you hear me calling you?
Can you hear me, can you hear me running?
Can you hear me running, can you hear me calling you?

Swear allegiance to the flag
Whatever flag they offer
Never hint at what you really feel
Teach the children quietly
For some day sons and daughters
Will rise up and fight while we stood still

Can you hear me, can you hear me running?
Can you hear me running, can you hear me calling you?
Can you hear me, can you hear me running?
Can you hear me running, can you hear me calling you?

Can you hear me running (can you hear me calling you?)
(Can you hear me) hear me calling you?
(Can you hear me running) hear me running babe?
(Can you hear me running) hear me running?
Calling you, calling you


20 posted on 03/18/2008 2:59:12 PM PDT by silentreignofheroes (Thank God for good directions,and turnip greens,,)
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