MEGA THREAD -Supreme Court Extends Gun Rights to All 50 States

[MaineCWPtraining]

High Court’s Big Ruling For Gun Rights

June 28, 2010 -

In its second major ruling on gun rights in three years, the Supreme Court Monday extended the federally protected right to keep and bear arms to all 50 states. The decision will be hailed by gun rights advocates and comes over the opposition of gun control groups, the city of Chicago and four justices.

Justice Samuel Alito wrote for the five justice majority saying "the right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated in an evenhanded manner."

The ruling builds upon the Court's 2008 decision in D.C. v. Heller that invalidated the handgun ban in the nation's capital. More importantly, that decision held that the Second Amendment right to keep and bear arms was a right the Founders specifically delegated to individuals. The justices affirmed that decision and extended its reach to the 50 states. Today's ruling also invalidates Chicago's handgun ban.

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[TheRoland]

Reading the 214 Page McDonald Opinion

So far:

The dicta in the syllabus is really good for us. Too bad it's only the syllabus.

The majority holds that self-defense is a fundamental right, and only disagree (so far) on due process vs. p&i clause (method of incorporation).

Alito does appear to have written with some combativeness.

 

[David Balkus]

There is a god!!!Now perhps all the B.S. laws can be changed..We can all hope now...

 

[gf293313]

5-4 in our favor. I'll take it. Would like to have had a couple liberal justices in the majority however.

 

[daveyburt]

will this effect the fate of H.4102?

 

[jcliff]

Gonna be an interesting summer.
Stand back and watch the fireworks.

 

[HTRN]

Scalia basically is slamming Stephens through his whole opinion.

 

[Larry Legend]

Gonna be an interesting summer.
Stand back and watch the fireworks.

Don't forget to take part and launch a few yourself.

I bet the next big case comes from Jersey and their ban on carrying and on 1-gun-a-month.

 

[David Balkus]

I would hope so...

will effect the fate of H.4102?

 

[Flyer007]

Exciting summer for us to be sure......I just wish that in MA "the list" and the AWB extension is seen as infringing on 2nd amendment

 

[silvereye21]

Warning, I saw the word "reasonable" over at cnn.com. Very pleased with the outcome, can't wait to see what happens next!

 

[AppleSeeds]

Now becomes the race for cities like Chicago to enact arcane licensing procedures and fees like DC did.

I think it's a victory, but for those in Chicago, it may not be that sweet. Only time will tell.

 

[andyc4728]

The opinion (link to PDF) is highly recommended reading:

http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

 

[Mr Weebles]

Scalia basically is slamming Stephens through his whole opinion.

Yeah, I gave it a once-over and thought the same thing. He basically demolished Stevens' dissent. It wouldn't be surprising if he gave him a massive wedgie later in the SC locker room too.

EDIT: Alito wrote the majority opinion.

 

[Knob Creek]

I can't wait to see the response from the minority on why they voted no.

 

[Rob Boudrie]

This has profound implications for certain types of LTC revocations and denials.

Much of the bedrock of MA court decisions has rested on the fact that an LTC (in this context, I'm talking about an LTC as the item allowing possession, not carry in the "plain English" sense of the worked) is not a "right", and that depriving someone of access to an LTC is not "punishment" and therefore does not require due process. The use of heresay evidence; revocation to exercising the right to remain silent; revocations based on expired RO's, etc. have all been upheld by the MA courts. Mcdonald could be the basis for some substantial challenges to these practices and turn issuance of an LTC (although possibly a restricted one) into shall issue.

 

[center442]

Excellent. I'm sure that Chicago will fully embrace the spirit of this ruling. Maybe instead of gun "buy backs" they'll start holding low cost gun distribution events.

 

[skyhawk]

Woohoo! (Insert Mexican-style double revolver shooting here)

 

[HTRN]

I can't wait to see the response from the minority on why they voted no.

Careful, it will make you:

I read it, and basically, they say that there is no natural right to armed self defense, and the 2A applies only to military.

 

[theGringo]

I think I just heard celebratory gunfire ...

 

[Patriot]

I expect nothing will change for MA. Lawyers & Lawsuits notwithstanding.

 

[Admin]

Exciting summer for us to be sure......I just wish that in MA "the list" and the AWB extension is seen as infringing on 2nd amendment

They are.

 

[oldsoldier29]

I wonder how this will directly affect MA....this should be an interesting week for us here in the PRM....

 

[LoginName]

Get ready for it, this is only the beginning...

Supreme Court casts doubt on Chicago gun ban, extends nationwide gun rights
Comments

June 28, 2010

BY FRAN SPIELMAN and ASSOCIATED PRESS

WASHINGTON (AP) — The Supreme Court says the Constitution’s “right to keep and bear arms” applies nationwide as a restraint on the ability of government to limit its application.

The justices on Monday cast doubt on a Chicago area handgun ban, but also signaled in their 5-4 decision that less severe restrictions could survive legal challenges.

The City Council’s Police Committee is scheduled to meet at 10:15 a.m. to consider a replacement ordinance introduced directly to the committee by Mayor Daley.

Chicago gun owners could be required to take a training course, register their firearms, allow police to perform ballistics tests and even purchase liability insurance.

Daley hasn’t tipped his hand on all of the specifics as he awaited the court ruling. But, he has said to protect first-responders, he’s prepared to go above and beyond the replacement model crafted by Washington D.C. after its handgun ban bit the dust.

Washington requires gun owners to get five hours of safety training, register their firearms every three years and face criminal background checks every six years.

Gun owners there are further required to submit fingerprints and allow police to perform ballistic tests. They must keep revolvers unloaded and either disassembled or secured with trigger locks unless they have reason to fear a home intruder.

As sweeping as those provisions are, they apparently don’t go far enough for Daley, who hinted strongly at an insurance component to protect police officers and paramedics.

“You have to think about the first-responders. You’re putting them in a difficult position to make decisions. What happens if they don’t make the right decision? A person has a gun, but is [it] the person in the house? Does he have a right to carry a gun or is he the person [who] broke in?” the mayor told reporters last month.

“I’m not laying it out, but there are gonna be many topics we’re gonna talk about and who pays for it. And [the city may require] authorized people like the Chicago Police Department to train you.

http://content.usatoday.com/communi...ourt-rules-chicago-gun-ban-unconstitutional/1

 

[Pilgrim]

I want a clarification of 'bear'. That's still a big problem.

It's sad and scary that our Constitutional rights hinge on the vote of one person.

 

[Admin]

It's sad and scary that our Constitutional rights hinge on the vote of one person.

It is...

 

[Dr_Scholl]

What will this mean for state enacted AWB's like Mass and Cali?

 

[BradM]

w00t

 

[ChevyGuy91]

What will this mean for state enacted AWB's like Mass and Cali?

If they go away, I am buying 100 PMAGS and un-neutering my rifles.

 

[TheRoland]

Even though [Stevens] does “not doubt for a moment that many Americans . . . see [firearms] as critical to their way of life as well as to their security,” he pronounces that owning a handgun is not “critical to leading a life of autonomy,dignity, or political equality.”... Who says?

Scalia wrote a concurrence just to make fun of Stevens' (bizarre) dissent.