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Supreme Court to weigh what it means to have a right to “bear” guns
Philly.com ^ | Thursday, February 6, 2014, 11:52 AM | Lyle Denniston

Posted on 02/06/2014 9:38:02 AM PST by Phillyred

The statement at issue:

There is “a growing line of court of appeals decisions that, while stopping short of holding that there is no Second Amendment right outside the home, consistently reach the same result by deeming any right to bear arms in public to be, at best, outside the Second Amendment’s ‘core’ and then balancing it away under an anemic form of intermediate scrutiny.”

– Charles J. Cooper, a Washington, D.C., attorney for the National Rifle Association, in a brief filed at the Supreme Court on Monday, urging the Justices to strike down a law that bans minors from carrying a handgun in public, beyond the home.

We checked the Constitution and...

The Second Amendment, at its core, spells out not one, but two, rights when it protects “the right of the people.” There is a right to “keep” a gun, there is a right, to “bear” a gun. There is an “and” between the two in the text, so that might well be taken as a significant indication that these are separate rights.

The Supreme Court in 2008 made it clear that the right to “keep” a gun is a personal right, and that it means one has a right to keep a functioning firearm for self-defense within the home. But it has refused repeatedly since then to take on the question of whether that right exists also outside the home. If there is a separate right to “bear” a gun (and the Court, in fact, did say in 2008 that the two rights were separate), it has not said what that means...

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


TOPICS: News/Current Events
KEYWORDS: banglist; beararms; guns; nra
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To: Beagle8U

Or pitchforks?


21 posted on 02/06/2014 10:00:47 AM PST by punknpuss
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To: Phillyred

Lord knows what Roberts will do with this one.


22 posted on 02/06/2014 10:01:42 AM PST by b4its2late (A Progressive is a person who will give away everything he doesn't own.)
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To: Phillyred

A hell of a lot of ‘minors’ took up arms to defeat the British. Many of them gave their lives so that we might live in freedom. A pox on those who disavow their sacrifice.


23 posted on 02/06/2014 10:02:01 AM PST by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: Phillyred
bear - v - To carry from one place to another; transport.
24 posted on 02/06/2014 10:02:53 AM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th (and 17th))
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To: Phillyred
I heard something else about the Texas case. One cannot get a carry permit until age 21. This article is stating the law prevents “minors” from carrying. Last time I checked once a person turns 18 they are no longer a minor. They can vote, be tried for crime as an adult, and are subject to the military draft. They no longer need parental permission for anything.

This fact is my argument against the age 21 drinking laws. One could be forced (by the draft) to fight for one’s country yet cannot have a beer.

I'll also bring up a pet peeve about the media. They a report that a “teen” committed a crime when the perp is 18 or 19. Technically they are correct, however most think of a teen as 13 to 17.

25 posted on 02/06/2014 10:03:33 AM PST by fredhead (Join the Navy and see the world.....77% of which is covered in water.)
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To: Beagle8U

Or even arms.

As in: “I’m going to rip your arm off and beat you over the head with it”.


26 posted on 02/06/2014 10:04:35 AM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th (and 17th))
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To: Rodamala

or a plasma rifle in the 40 watt range...


27 posted on 02/06/2014 10:04:55 AM PST by Resolute Conservative
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To: Phillyred

“it has not said what that means...”

The people questioning the wording want the meaning to be as limited as possible.
Those who wrote the wording intended as expansive a meaning as possible.

More words are not going to resolve this.


28 posted on 02/06/2014 10:06:31 AM PST by ctdonath2 (Making good people helpless doesn't make bad people harmless.)
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To: WayneS

LOL

You must be a hillbilly.

:]


29 posted on 02/06/2014 10:07:36 AM PST by Salamander (Quis custodiet ipsos custodes?)
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To: Beagle8U

They’ll just put a bunch of disabled weapons attached via cable in parks and other public space. People can come by and pick them up and handle them whenever they want thus ensuring the public’s right to bear arms is not infringed.

/s


30 posted on 02/06/2014 10:07:37 AM PST by Justa
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To: Phillyred
Just one more thing. The entire country should be required to follow the 2nd Amendment. Just like this case in Virginia from a few years back.

VA law allows open carry without a permit. Norfolk police arrested a man for openly carrying a weapon in the city in violation of a city ordinance.

The case made it to the VA supreme court, who ruled that no municipality can pass a law the supersedes a state law, e.g. Norfolk's ordinance was invalid.

Therefore, any state, county, or city law MUST be constitutional.

31 posted on 02/06/2014 10:10:44 AM PST by fredhead (Join the Navy and see the world.....77% of which is covered in water.)
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To: Salamander

Yep. Pretty much.


32 posted on 02/06/2014 10:13:11 AM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th (and 17th))
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To: Phillyred

My HOME is the UNITED STATES OF AMERICA.


33 posted on 02/06/2014 10:16:58 AM PST by BulletBobCo
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To: Phillyred

“The main foundations of every state, new states as well as ancient or composite ones, are good laws and good arms - you cannot have good laws without good arms, and where there are good arms, good laws inevitably follow.”

—Niccolo Machiavelli


34 posted on 02/06/2014 10:17:53 AM PST by RandallFlagg ("I said I never had much use for one. Never said I didn't know how to use it." --Quigley)
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To: ctdonath2

“More words are not going to resolve this.”

No, and I’m sure not getting any younger.


35 posted on 02/06/2014 10:21:32 AM PST by TexasRepublic (Socialism is the gospel of envy and the religion of thieves)
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To: MichaelCorleone
Not 100% sure, but I thought I heard Mark Levin once say that the State Legislatures actually are more powerful than the US Congress

The State Legislatures can make any law, let's say a gun law, outside the jurisdiction of their state courts. CONgress can also make laws outside the jurisdiction of Federal Courts. Its called Jurisdiction stripping.

The Federal and State Legislatures could do this to overcome activists Judges but they do not for this reason: they agree with with the activist Judges but can't let the rubes at home know that.

36 posted on 02/06/2014 10:21:43 AM PST by Count of Monte Fisto (The foundation of modern society is the denial of reality.)
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To: b4its2late
Lord knows what Roberts will do with this one.

Roberts won't know either until he gets Valerie's text.

37 posted on 02/06/2014 10:22:14 AM PST by Paine in the Neck (Our Lives, our Fortunes, and our sacred Honor)
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To: WayneS

I had a feeling since I don’t ever hear that said outside the mountains.

:)


38 posted on 02/06/2014 10:25:56 AM PST by Salamander (Quis custodiet ipsos custodes?)
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To: Phillyred

They’ll be trying to convince us that the Founders meant that it is OK to wear tank tops and nothing more...

The word “bear” was merely a spelling error...yeah, that’s the ticket!


39 posted on 02/06/2014 10:27:52 AM PST by PATRIOT1876
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To: PATRIOT1876

Nobody asked the bears.

40 posted on 02/06/2014 10:33:53 AM PST by Billthedrill
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