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

Posted on 07/29/2012 8:04:50 AM PDT by Greystoke

Justice 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."

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


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: banglist; guns; scalia; scotus; supreme
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To: New Jersey Realist

I saw many interesting things during my 18 month tour there on “Goat Island”. SCI has a unique history prior to the Government taking it over.


61 posted on 07/29/2012 9:13:46 AM PDT by NY Attitude (Make love not war but be prepared for either.)
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To: Greystoke

Why we need to replace Scalia with a Thomas. That has to be the one uncompromising goal of every conservative.


62 posted on 07/29/2012 9:17:35 AM PDT by 1010RD (First, Do No Harm)
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To: Greystoke

“Menacing” weapons? “frightening” weapons? Where the hell did they find this pansy?


63 posted on 07/29/2012 9:18:55 AM PDT by Cymbaline ("Allahu Akbar": Arabic for "Nothing To See Here" - Mark Steyn)
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To: Greystoke

I don’t think Scalia has gone over the other side here. There obviously has to be some clarification of what a US citizen can and cannot own in the way of “arms”.

I don’t think anyone believes a citizen should be able to own a fully armed tank or fighter jet. What about 50 caliber machine guns and hand grenades, tank killer missiles? The legal battle will be fought where they’ve been for years already: automatic or semi-automatic, hand carried rifles, clip size, caliber, etc.


64 posted on 07/29/2012 9:20:21 AM PDT by Will88
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To: reasonisfaith

Is everyone that naive? No one makes it far up the legal ladder with a historically accurate attitude to original intent. ‘Conservative’ is so only in relation to the alternative. It’s not the absolute a lot of us want it to be.

Also, Scalia is Catholic, and like all Catholic politicians is subject to ‘Sudden Liberalism Syndrome’. (See Rick Santorum on George Zimmerman).


65 posted on 07/29/2012 9:23:58 AM PDT by jjotto ("Ya could look it up!")
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To: CityCenter
Scalia’s a good guy and a great conservative. There is no reason to think he has abandoned the cause and turned his back on he deeply held beliefs.

True, but he's not as clear a thinker as Thomas.

66 posted on 07/29/2012 9:25:47 AM PDT by 1010RD (First, Do No Harm)
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To: wally_bert

Classic!


67 posted on 07/29/2012 9:28:02 AM PDT by EEGator
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To: Greystoke
All rights are regulated:

Orthodox Jews don't get a pass on beards in the military.

Slander isn't protected speech.

I can't carry a gun into a prison.

Those hoping for an unquestionable Constitutional black and white will never find it, because the Constitution is only as powerful as the majority's will to follow it. Every day that you wake up is a day that you will have to fight for your liberties.

68 posted on 07/29/2012 9:28:57 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: omega4179
I'm familiar with the language of the time. It also meant having the proper equipment.

See this post of mine from five years ago that shows the Federalist Papers debate on this topic.

-PJ

69 posted on 07/29/2012 9:31:28 AM PDT by Political Junkie Too (It doesn't come naturally when you're not natural born.)
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To: Perdogg

I wonder how he would explain letters of marque.


70 posted on 07/29/2012 9:35:05 AM PDT by FreedomPoster (Islam delenda est)
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To: Greystoke

Menancing...

...but it's tripod-mounted, so it must be ok.


71 posted on 07/29/2012 9:36:18 AM PDT by ProtectOurFreedom
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To: Greystoke

Meanwhile, Smith-Wesson starts a third shift at all it’s small arms factories.


72 posted on 07/29/2012 9:39:29 AM PDT by central_va ( I won't be reconstructed and I do not give a damn.)
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To: Will88
I don’t think anyone believes a citizen should be able to own a fully armed tank or fighter jet. What about 50 caliber machine guns and hand grenades, tank killer missiles? The legal battle will be fought where they’ve been for years already: automatic or semi-automatic, hand carried rifles, clip size, caliber, etc.

No, but states should have their own armed forces not under control of the President. The Governors should have their own state militias if their states want them.

73 posted on 07/29/2012 9:44:08 AM PDT by central_va ( I won't be reconstructed and I do not give a damn.)
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To: Greystoke

Exactly my thought. It’s like every government official in Washington has drunk at least a mug full of Adolf’s brew, and some at least two gallons.

The comments about menacing handguns were particularly egregious. What do these pecker-heads plan on leaving us for protection, cap pistols?


74 posted on 07/29/2012 9:51:04 AM PDT by DoughtyOne (Remove all Democrats from the Republican party, and we won't have much Left, just a lot of Right.)
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To: lightman; mylife; Clint N. Suhks; smokingfrog; MagUSNRET; sloop; Kartographer

Uh-0h Ping.


75 posted on 07/29/2012 9:53:14 AM PDT by carriage_hill (All libs and most dems think that life is just a sponge bath, with a happy ending.)
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To: Greystoke

Welcome to the federal politics shell game. Sucker.

Oooh! Ooooh Ooooh! But we have to vote gop because of scotus appointments the gop shills squeal. Like it matters worth a hill of beans.


76 posted on 07/29/2012 9:53:59 AM PDT by RKBA Democrat (Vote for willard. Because "our" pro-abort, anti-gun socialist is SO much better than theirs.)
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To: ConservativeInPA
Personally, I believe in citizen ownership of any weapon the military uses. A M72 isn’t going to take out an Abrams, and if the government decides to use tanks on citizens, I want to be able to take out an Abrams.

First and foremost, I think there are plenty of examples of non-government military taking out Abrams tanks out there, without requiring TOW missiles and the like.

That said, I certainly agree where you're coming from. If a citizen can fear the arms of their government, then the 2nd has absolutely failed. There is no requirement in the constitution for a loud weapon, nor a limitation on the number of times it can fire with a single pull of the trigger (certainly weapons that existed at the time, even if liberals love to ignore that concept.)

To me, however, the bridge 'too far' is area of effect weapons. Such weapons, to me, belong only in a structured environment which has self regulation. An organized militia seems right and proper for having tanks and Apache helicopters, as the misuse of these weapons can be regulated and defeated by the militia itself.

I've seen at close hand disastrous and deadly accidents with pyrotechnics handled by highly trained and very well regulated technicians. It takes very little imagination to consider what would happen with self regulated handling of explosives, chemical, nuclear and biological weapons.

77 posted on 07/29/2012 10:00:24 AM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: 3Fingas; CityCenter

All Scalia said was yes, the are some limits to rights in the constitution, such as his dissent in the Stolen Valor Case.

However, these restrictions must meet a constitutional test.

That is all.


78 posted on 07/29/2012 10:08:25 AM PDT by Perdogg (Let's leave reading things in the Constitution that aren't there to liberals and Dems)
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To: Perdogg

This is what frustrates me the most about some people on FR. We claim that the media is lame, yet pants are wet by out of context statements intentially published to elicit a response.


Dude, we have people here that think “a lot of hits” on Google means “correct.”

I fear FR is losing the edge that great (GREAT) freepers like Buckhead honed...


79 posted on 07/29/2012 10:10:18 AM PDT by Peet (Everything has an end -- only the sausage has two.)
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To: 1malumprohibitum
Scalia is not regressing, he's evolving.../sarcasm.

Seriously though, I don't know where all this USSC insanity is coming from, but "something is rotten in Denmark"...and DC!
80 posted on 07/29/2012 10:12:26 AM PDT by CaptSkip
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