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Scalia: Guns May be Regulated
National Journal ^ | July 29, 2012 | John Aloysius Farrell

Posted on 07/29/2012 8:26:23 AM PDT by yoe

ustice Antonin Scalia, one of the Supreme Court's most vocal and conservative justices, said on Sunday that the Second Amendment leaves room for U.S. legislatures to regulate guns, including menacing hand-held weapons.

"It will have to be decided in future cases," Scalia said on Fox News Sunday. But there were legal precedents from the days of the Founding Fathers that banned frightening weapons which a constitutional originalist like himself must recognize. There were also "locational limitations" on where weapons could be carried, the justice noted.

When asked if that kind of precedent would apply to assault weapons, or 100-round ammunition magazines like those used in the recent Colorado movie theater massacre, Scalia declined to speculate. "We'll see," he said. '"It will have to be decided."

As an originalist scholar, Scalia looks to the text of the Constitution—which confirms the right to bear arms—but also the context of 18th-century history. “They had some limitations on the nature of arms that could be borne," he told host Chris Wallace.

In a wide-ranging interview, Scalia also stuck by his criticism of Chief Justice John Roberts and the majority opinion in the ruling that upheld the Affordable Care Act this summer. "You don't interpret a penalty to be a pig. It can't be a pig," said Scalia, of the court's decision to call the penalty for not obtaining health insurance a tax. "There is no way to regard this penalty as a tax."

Scalia, a septuagenarian, said he had given no thought to retiring. "My wife doesn't want me hanging around the house," he joked. But he did say he would try to time his retirement from the court so that a justice of similar conservative sentiments would take his place, presumably as the appointee of a Republican president. "Of course I would not like to be replaced by somebody who sets out immediately to undo" what he has spent decades trying to achieve, the justice said.


TOPICS:
KEYWORDS: banglist; constitution; duplicate; elections; freedom; freedome; government; guns; notbreakingnews; obama; scalia; secondamendment
Be very careful whom you elect to represent you - the Second Amendment must not be infringed upon. Scalia must take into account the modern day criminal...they will always have arms....the citizen must be able to protect himself at all times.
1 posted on 07/29/2012 8:26:27 AM PDT by yoe
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To: yoe
Be very careful whom you elect to represent you - the Second Amendment must not be infringed upon. Scalia must take into account the modern day criminal...they will always have arms....the citizen must be able to protect himself at all times.

Haven't they learned that from the Cold War? The Soviets have these weapons so we must counter them and vice versa. It is like a minature version of the arms race where we must keep up. Has Scalia fallen victim to the Brain Eating Bug?
2 posted on 07/29/2012 8:33:30 AM PDT by Nowhere Man (June 28th, 2012, the Day America Jumped The Shark.)
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To: yoe

Molon Labe


3 posted on 07/29/2012 8:36:58 AM PDT by TonyM
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To: mrreaganaut

ping


4 posted on 07/29/2012 8:37:42 AM PDT by reaganaut (VAB! Voting against both Romney and Obama.)
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To: yoe

I think it’s the Government that needs to be regulated. The Government has lost any legitimacy where firearms are concerned and NO, they MAY NOT be REGULATED. If Scalia truly believes this, then he is a friggin moron that needs to retire. I had respect for him, now, like Roberts, I’ve lost it all.

Since Conservatism is now being shunned by our Government, it’s time that our Government be replaced. It has become more than a threat and liability to liberty.


5 posted on 07/29/2012 8:43:00 AM PDT by BCR #226 (02/07 SOT www.extremefirepower.com...The BS stops when the hammer drops.)
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To: yoe

Rhode shoots historic gold, Some good news for today
The 33-year-old American set a new Olympic record in qualifying, with 74 hits out of 75, and went on to equal her own world record with a perfect 25 in the final for a total of 99 in front of a packed shotgun range at the Royal Artillery Barracks.

It means Rhode is the first USA athlete to win an individual sport medal at five consecutive Olympic Games.

She is a two-time gold medallist in the Double Trap event, in 1996 and 2004, either side of bronze in 2000, and she won silver in the Skeet at Beijing 2008.ing Wei added to China’s growing medal haul by taking silver while Slovakia’s Danka Bartekova won bronze after a shoot-off with Russia’s Marina Belikova.


6 posted on 07/29/2012 8:43:00 AM PDT by reefdiver (Shoeless John Roberts, An American Tragedy.)
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To: yoe
Gee, Scalia, that's great, a citizen shouldn't have any weapon that LOOKS like it can kill.

Just government employees, 'cause they're so responsible the Constitution shouldn't limit THEM in any way.

7 posted on 07/29/2012 8:43:57 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: yoe

We are effectively no longer a constitutional republic. EVERYTHING depends on controlling the elected branches of government as much as we possibly can. We are in a war of survival. A misstep means death.


8 posted on 07/29/2012 8:44:06 AM PDT by samtheman (Obama. Mugabe. Chavez. (Obamugavez))
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To: yoe

including menacing hand-held weapons


I’m more worried about a menaciing overreaching Federal government. Can it be regulated?


9 posted on 07/29/2012 8:44:33 AM PDT by Leep (Enemy of the Statist)
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