Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

US Supreme Court justices seem favorable to constitutional gun rights for Americans
news.aol ^ | 2008-03-18 20:12:41 | AP/AOL

Posted on 03/19/2008 12:15:12 AM PDT by BellStar

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 101-112 next last
To: Thrownatbirth
The Founders obviously meant to bestow gun rights on the individual

The Bill of Rights does not "bestow" rights. The Bill of Rights acknowledges certain God Given rights that were and are already in existence. In the case of the Second amendment, those rights ...."Shall not be infringed" is a powerful statement of how strong a block on interference with the Right to keep and bear arms our founding fathers had to incorporate into the "Bill of Rights" in order to get the People to ratify the Constitution.

RamS
21 posted on 03/19/2008 5:10:27 AM PDT by RamingtonStall (More Guns ==> Less Crime! Get your CHL today! http://www.ohioccw.org/)
[ Post Reply | Private Reply | To 11 | View Replies]

To: djf
People previously convicted of a violent crime where there was a weapon as part of the crime may not have guns

Even we disagree on what's "reasonable" And if we disagree on this forum, then obviously there is a wide range of what different people consider "reasonable." For example, I think if a person is incarcerated in either a mental institution or a jail, then no guns. Otherwise I say OK. Take criminals for example. If they're a danger to society what are they doing out of jail, and if they're not a danger to society, then they should be able to defend themselves legally the same as anyone else. Also there is the practical side of it that anyone intent on committing murder or assault with a firearm is obviously not going to pay any attention to a gun control law.

"Reasonable restrictions" only affect the law abiding.

22 posted on 03/19/2008 5:13:59 AM PDT by from occupied ga (Your most dangerous enemy is your own government,)
[ Post Reply | Private Reply | To 20 | View Replies]

To: djf

Oh yes they can...I hear ya. The joke of course is that “reasonable restrictions” weren’t intended to prevent the criminally insane or convicted felons from getting guns. Such restrictions have been proven ineffective in preventing crime. They serve only to control the law-abiding (Sheeple).


23 posted on 03/19/2008 5:15:34 AM PDT by PowderMonkey (Will Work for Ammo)
[ Post Reply | Private Reply | To 20 | View Replies]

To: RU88
“This is a wake up call for all those out there who do not think McCain is conservative enough for your vote””
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>...
will we be electing the gang of 14 along with Mccain?
I can see a scenario where the likes of Kennedy and Finegold give the go ahead on any McCain decision on a new Scotus appointee he will reach out to Democrats long before he goes for conservative justices..Lets face facts conservatives have been checkmated..McCain obama clinton
all of them will appoint socialists to Scotus.
24 posted on 03/19/2008 5:20:23 AM PDT by shadowgovernment (From the Ashes of a Republican rout will raise a Conservative Party)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Thrownatbirth
The Founders obviously meant to bestow gun rights on the individual

Of course they did. For proof, and I haven't heard any one speak of it, we have The Bill of Rights.

Are we to believe that BOR, which are Of The People, By The People and For The Poeple....All 10 of those amendments are for US...all of them EXCEPT THAT ONE ???? Why not the 1st? You know, give the state the right to speak freely? Why isn't any one bringing that up? It's simple to see & understand, yet nary a peep.

Our Fore Fathers were brilliant, yet they dropped the ball on this one?

25 posted on 03/19/2008 5:20:31 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
[ Post Reply | Private Reply | To 11 | View Replies]

To: from occupied ga; PowderMonkey

Ok. As I see it, there are three possible outcomes.

1) they rule that there is no such thing as an individual right to keep and bear arms
2) they rule that such a right does exist, subject to reasonable restrictions
3) they rule that there is an absolute, unqualified right to keep and bear arms by anyone and everyone

From what I’m reading:

1) ain’t gonna happen, so that means it’s 2) or 3)

3) ain’t gonna happen, because unfettered unqualified rights have already been reviewed and rejected. The ole “can’t yell fire in a theatre” stuff

That leaves 2).

I’m just trying to call it as I see it, not how I want it.

The thing about 2) is that it ALLOWS for some differences in geographical circumstances.

But there is an absolute result if it ends up being 2).

“Gun bans” would be banned.


26 posted on 03/19/2008 5:33:42 AM PDT by djf (She's filing her nails while they're draggin the lake....)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Thrownatbirth
“The Founders obviously meant to bestow gun rights on the individual, especially in a country that was largely wilderness in the 1790’s. They knew that a citizen threatened by a wild, raging animal is not going to call a well-regulated militia for help.”

Well, Thrownatbirth, I detect by your above writing that you are pro-gun as I am. So, I will ever so gently correct your stated premise concerning the reason for the 2nd ammendment as I can see that you are one of the good guys for sure. Here in Texas one will occasionally see a bumper sticker that states “The 2nd Amendment ain't about duck hunting”. While this statement is written in Bubba’ese, it absolutely nails the 2nd amendment. To put it more succinctly, the 2nd Amendment was written so to provide a last recourse for the general public (we the people aka individuals) to defend themselves against a corrupt government gone bad. And, it's no accident that the 2nd Amendment was #2 in the Bill of Rights as it was written to specifically to protect the 1st Amendment. All one must do to confirm this, along with the fact that the 2nd was written to apply to individuals as is the entire Constitution, is to read the Federalist Papers. I wish the Federalist Papers would be mandatory reading for all high school students but alas, with all the lib's in control of our public schools that ain't gonna happen. But, that's another subject...

27 posted on 03/19/2008 5:38:56 AM PDT by snoringbear (')
[ Post Reply | Private Reply | To 11 | View Replies]

To: djf

Yep. You’re right. I believe it’ll be Nr. 2 as well. The pessimist in me, however, warns that Nr. 1 is not outside the realm of possibility. After all, the Black Robes have issued stranger edicts, such as our recent loss of private property rights. Once a right is taken away...


28 posted on 03/19/2008 5:54:27 AM PDT by PowderMonkey (Will Work for Ammo)
[ Post Reply | Private Reply | To 26 | View Replies]

To: PowderMonkey
We have a winner here! You are absolutely correct. Our Second Amendment has nothing to do with hunting and target shooting. It's #1 reason is our right to protect ourself from a tyrannical government. IE: Read the Declaration of Independence.

When can I start the lawsuits against the Massholes in charge of this awful state??? 10# triggers, gun locks, no Taurus, No Colts, $100 F.I.D. cards , $100 dollar licenses to carry... Get the lawyers ready!!!!!!

29 posted on 03/19/2008 5:55:37 AM PDT by RIGHTWING WACKO FROM MASS. (Better to have and not need than to need and not have...my theory on gun control)
[ Post Reply | Private Reply | To 13 | View Replies]

To: djf; jan in Colorado

I agree with your analysis. There’s every indication that George W. Bush will get his way in support of gun-control regulations.

I am shocked...shocked, I tell you...that FReepers aren’t whining about how foreign law is being used to support the Right to Keep and Bear Arms, though. :-)


30 posted on 03/19/2008 5:57:37 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
[ Post Reply | Private Reply | To 26 | View Replies]

To: singfreedom
they ALWAYS neglect to say that the leader of the “Brady Bunch” was shot by an absolute, certifiable nut

No.

The figurehead of the "Brady Bunch" got shot.

The leader of the "Brady Bunch" is his unscrupulous, abusive wife.

31 posted on 03/19/2008 5:59:01 AM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Gondring

Well, there is another issue, and that issue is the question of enforceability.

It is often commented on that gun laws only effect the law abiding, that sort of thing.
But let’s be honest. There have been cases where violent convicted felons were caught after their release and found to have guns. So it does sometimes work.

But if we get 2. as an outcome, then THE TYPE OF RESTRICTIONS that people are talking about would no longer be allowed... no more blanket bans.

And that, to me, would seem to be a step in the right direction.

So while no restrictions at all is the most easily enforceable choice, a “reasonable restrictions” clause is only slightly more difficult to enforce.

Now, if they were to go with 1, then they better have 400 million armed Chinese guys in boats off the coast ready to come in and go door to door.

They know that. They’re not fools.


32 posted on 03/19/2008 6:07:44 AM PDT by djf (She's filing her nails while they're draggin the lake....)
[ Post Reply | Private Reply | To 30 | View Replies]

To: djf
There have been cases where violent convicted felons were caught after their release and found to have guns. So it does sometimes work.

How does that indicate the restrictions work?!?

And that, to me, would seem to be a step in the right direction.

Both sides can say that.

So while no restrictions at all is the most easily enforceable choice, a “reasonable restrictions” clause is only slightly more difficult to enforce.

I'm not in favor of removing rights just because it's "easily enforceable"...sorry.

I'll admit that the connection broke after only 38 minutes and I can't seem to restart it at that point, so I'll have to listen to the end when I have more time. Note that many important inflections and nuances (yes, nuances) of the discussion are lost when just reading the transcript, IMHO.

33 posted on 03/19/2008 6:28:57 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
[ Post Reply | Private Reply | To 32 | View Replies]

To: Gondring

What’s the URL for the audio?

I tried the CNN feed but it looked like it required realplayer or some such junk.


34 posted on 03/19/2008 6:31:05 AM PDT by djf (She's filing her nails while they're draggin the lake....)
[ Post Reply | Private Reply | To 33 | View Replies]

To: PowderMonkey; RIGHTWING WACKO FROM MASS.; Thrownatbirth
Actually, it had nothing to do with wilderness living, hunting, or fighting off wild savages, etc. The 2nd Amendment was written specifically to address the greatest threat of all, tyranny. - “Fear the government that fears your guns.”

Have you read the briefs and the transcript/heard the audio from yesterday? Surprisingly, it seems that your argument is what DC is saying...and then arguing that the Second Amendment isn't protective of handguns since individuals can use rifles or shotguns to be part of the citizen militia.

It's an interesting twist to the gun-grabbers' argument...and something we have to be sure to note in the fight, as they can use words against us if we don't take the next step and explain why that argument falls apart.



Disclaimer: I am not a lawyer, and this is just my own interpretation and opinion, not any sort of legal advice!

35 posted on 03/19/2008 6:34:09 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
[ Post Reply | Private Reply | To 13 | View Replies]

To: djf

Instead of RealPlayer, I use Real Alternative (since RealPlayer was started by a leftie and I don’t want to support it so he can donate more to leftist causes!).

Here’s the link from CSPAN:
rtsp://video.c-span.org/archive/sc/sc031808_2amendment.rm

One place you can find it is here:
http://www.download.com/Real-Alternative/3000-2139_4-10698783.html?tag=lst-1

(Note...I have no affiliation with them, so use at your own risk. I just know that it has worked well for me and it’s free, and the Media Player Classic it installs can also be used to view .FLV videos, with the right codec. Also, though, . .smi and .smil files sometimes only play the first part of a clip.)

Hope that helps!


36 posted on 03/19/2008 6:38:59 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
[ Post Reply | Private Reply | To 34 | View Replies]

To: djf

Oh, one drawback of Real Alternative: I was going to get a very nice program (WM Recorder)to capture streaming RealMedia files, but it required RealPlayer to be installed, not Real Alternative. It looked like a great program and the tech support folks were very responsive and helpful, but without installing RealPlayer, it’s not any use to me.


37 posted on 03/19/2008 6:41:45 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
[ Post Reply | Private Reply | To 34 | View Replies]

To: Gondring

I suppose I can give it a shot. Gives me a good reason to GHOST my boot drive before I install it.
(and I been a slacker, been about a month since last backup!)

:-{


38 posted on 03/19/2008 6:46:25 AM PDT by djf (She's filing her nails while they're draggin the lake....)
[ Post Reply | Private Reply | To 36 | View Replies]

To: Hacklehead
In my opinion what's going on is this. If the court rules a collective right (that it protects only individuals who are part of a Militia), gun owners are going to go crazy. There may even be talk of judicial impeachment.

If the court rules an individual right that cannot be infringed, that opens the machine gun/asault weapon argument and the gun controllers will go absolutely ape$hit. There may even be talk of judicial impeachment.

So, with a wink and nudge, the fix is in. It will be declared an individual right that may be reasonably regulated or, as Justice Stevens opined, "It shall not be unreasonably infringed".

39 posted on 03/19/2008 7:25:03 AM PDT by robertpaulsen
[ Post Reply | Private Reply | To 16 | View Replies]

To: BellStar

Like I said, this proves that nothing has changed...

We have the right to “own”??? How utterly arrogant...

Yet the flipside is that they “feel” government has the authority to continue to “regulate”...

I feel the need to flush the entire system is in order...

And its not just because of this issue alone...


40 posted on 03/19/2008 7:26:57 AM PDT by stevie_d_64 (Houston Area Texans (I've always been hated))
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 101-112 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson