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Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

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Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Old 07-29-08, 11:16 AM
  #226  
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Originally Posted by TruGator
Did you know that one of the authors of the book, Robert Levy, was instrumental in bringing the Heller lawsuit in the first place? I found that interesting.

Absolutely.

I actually wouldn't have included Miller in a personal dirty dozen list. I agree with what Professor Epstein said about it in the preface.
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Old 08-02-08, 08:24 PM
  #227  
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Originally Posted by CRM114
Why are they opposed to having the gun undergo a ballistics test?
likely because MD's and NY's programs have spent millions and millions of dollars and last I read had not solved a single crime
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Old 08-02-08, 10:41 PM
  #228  
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Originally Posted by CRM114
Why are they opposed to having the gun undergo a ballistics test?
Are you opposed to just giving the police a sample of your DNA?

They would both be as likely helpful in solving a crime, so it's no worries, eh?
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Old 08-03-08, 12:35 AM
  #229  
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There is also a fee they have to pay for the ballistics test and it isn't advertised. That's one of the issues they have with it.
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Old 09-19-08, 09:14 AM
  #230  
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The latest from SCOTUSBLOG:

A new, narrower D.C. gun law
Thursday, September 18th, 2008 3:57 pm | Lyle Denniston

Trying to head off a national takeover by Congress of the city’s powers to control guns in the wake of the Supreme Court’s Second Amendment ruling, the Washington, D.C., City Council on Wednesday adopted a new and narrower law to restrict possession of handguns. Even as Congress was considering a bill that would largely strip the city of authority to deal with this subject, the local legislature enacted and the mayor signed a new city law. (A news release about the measure can be found here, and the text of the new legislation is here,)

Although the House of Representatives on Wednesday did pass the takeover measure (H.R. 6842) by a vote of 266-152, the bill faces strong resistance in the Senate. Thus, at least for the near future, it appears that gun rights in the District will be only those allowed in the new local legislation.

Gun rights advocates in the House and outside were upset by the City Council’s first measure adopted after the Supreme Court in District of Coumbia v. Heller established a Second Amendment right to have a gun for self-defense in one’s home. Local advocates of gun ownership began a lawsuit to challenge that measure, and members of the House began an effort to overturn it, leading to Wednesday’s vote.

The city’s new Second Firearms Control Emergency Amendment Act went into effect immediately after Mayor Adrian M. Fenty signed it. The new law replaces the one adopted in July. Like the first measure, it will remain in effect for only 90 days — the limit for emergency laws in the city. A more permanent measure is expected to be considered later.

Among the key differences were these:

** The new measure allows registration of some semi-automatic pistols; the early measure did not. The city continues to ban automatic weapons, such as machine guns.

** The new version drops a mandatory requirement that any gun kept at home be disassembled or have a trigger lock, and simply says that such safeguards are only the city’s policy preference. But it adds a new provision that no one may store a loaded gun at home if a minor is likely to gain access to it without permission, unless the weapon is locked in a box or some other “secure” place.

** The new law drops a provision that a gun kept at home need not be disassembled or locked if the gun was “being used to protedt against a reasonably perceived threat of immediate harm” to someone in the home. In place of that, it simply allows a person to register a pistol “for use in self-defense within that person’s home.”

** The new law relaxes restrictions on when a registered pistol can be carried without a license to carry.
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Old 02-10-09, 02:09 PM
  #231  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

The 2nd Circuit has ruled that the 2nd amendment is not applicable to state/local gun laws via the incorporation doctrine (Maloney v. Cuomo).

For the first half of its life, the U.S. Constitution's Bill of Rights was interpreted as constraining only the federal government—not the states. However, in the late 1800s and early 1900s, the U.S. Supreme Court began ruling that certain rights were incorporated into the limits on state governments imposed by the 14th Amendment's due process clause. The provisions selected for incorporation so far include most, but not all, of the rights that come into play in criminal cases. For example, the right to indictment does not apply to the states.

Back before the incorporation doctrine took hold, the Supreme Court held, in United States v. Cruikshank, 92 U.S. 542 (1875), and Presser v. Illinois, 116 U.S. 252 (1886), that the Second Amendment is a limitation only on the power of the federal government and thus does not constrain state regulations. The Supreme Court's subsequent Second Amendment cases, United States v. Miller, 307 U.S. 174 (1939), and District of Columbia v. Heller, 76 U.S.L.W. 4631 (U.S. 2008), both involved federal regulations, so the incorporation issue was not really in play. Nevertheless, in a footnote in Heller, the Supreme Court had this to say:

With respect to Cruikshank‘s continuing validity on incorporation, a question not presented by this case, we note that Cruikshank also said that the First Amendment did not apply against the States and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases. Our later decisions in Presser v. Illinois, 116 U.S. 252, 265 (1886) and Miller v. Texas, 153 U.S. 535, 538 (1894), reaffirmed that the Second Amendment applies only to the Federal Government.

The Second Circuit, in contrast, has directly addressed the incorporation issue in recent years. In Bach v. Pataki, 408 F.3d 75, 73 U.S.L.W. 1677 (2d Cir. 2005), the court rejected a challenge to a state gun-control law on the ground that the states' power to regulate firearms is not limited by the Second Amendment right to bear arms.

More here:
http://lawprofessors.typepad.com/cri...d-circuit.html
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Old 04-20-09, 02:32 PM
  #232  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Originally Posted by Red Dog View Post
The 2nd Circuit has ruled that the 2nd amendment is not applicable to state/local gun laws via the incorporation doctrine (Maloney v. Cuomo).

And now we have a Circuit split (presuming no en banc reversal) on the incorporation issue. The 9th, yes 9th, Circuit has ruled in favor of incorporation of the 2nd amendment to the states in Nordyke v. King.

Opinion:
http://www.ca9.uscourts.gov/datastor...20/0715763.pdf

This was a 3-0 opinion from a Reagan appointee, Carter appointee, and Clinton appointee.
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Old 04-20-09, 02:36 PM
  #233  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Damned activist ju ... wait. What?
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Old 04-20-09, 02:43 PM
  #234  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Crappity crap crap. The 9th Circuit siding with us is about as bad as any other circuit siding against us.
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Old 04-20-09, 03:00 PM
  #235  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Originally Posted by CaptainMarvel View Post
Crappity crap crap. The 9th Circuit siding with us is about as bad as any other circuit siding against us.
Don't worry, they'll rule en banc and reverse their logical decision. The 9th Circuit may yet fail once again.
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Old 04-20-09, 03:48 PM
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Originally Posted by JasonF View Post
Damned activist ju ... wait. What?
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Old 09-30-09, 04:29 PM
  #237  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Supreme Court Takes Case on Reach of Gun Rights
The Supreme Court will decide whether the constitutional right of individuals to own firearms trumps state and local laws, reviving the legal battle over gun rights in America.

The high court said Wednesday it agreed to decide the reach of its landmark ruling last year that the Second Amendment of the U.S. Constitution guaranteed an individual right to own guns and use them for lawful purposes like self-defense in the home. ...
Sotomayor replacing Souter doesn't change the balance from Heller, but will any of the majority in Heller flip?
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Old 09-30-09, 04:41 PM
  #238  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Sounds like even gun control advocates are doubtful they can win here.
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Old 09-30-09, 10:40 PM
  #239  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Good write up from Scotusblog
http://www.scotusblog.com/wp/analysi...g-rights-grow/
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Old 09-30-09, 10:40 PM
  #240  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Good write up from Scotusblog
http://www.scotusblog.com/wp/analysi...g-rights-grow/
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Old 10-01-09, 09:29 AM
  #241  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Originally Posted by wmansir View Post
Sotomayor replacing Souter doesn't change the balance from Heller, but will any of the majority in Heller flip?
Depends on which side of the bed Justice Kennedy gets up from when they vote in conference.

My guess is that they incorporate it, but Kennedy will create some test that allows 'reasonable' restrictions that would allow bans against felons and minors owning guns, waiting periods and background checks, etc.
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Old 10-01-09, 10:23 AM
  #242  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Originally Posted by Red Dog View Post
Depends on which side of the bed Justice Kennedy gets up from when they vote in conference.

My guess is that they incorporate it, but Kennedy will create some test that allows 'reasonable' restrictions that would allow bans against felons and minors owning guns, waiting periods and background checks, etc.
That seems to be Kennedy's position in this video [38 minute mark]. Speaking about Heller as a teaching device he raises the question of whether it should be incorporated and if so should it be a well regulated right, like the right to property, or lightly regulated right, like speech. He then seems to dismiss the argument that long standing 2nd precedent should bar incorporation and makes a general argument for the "living document" view of the Constitution.

But can the rest of the Heller majority, particularly Scalia and Thomas, make a legal case for incorporation consistent with their conservative judicial philosophies?
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Old 10-01-09, 10:47 AM
  #243  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

Originally Posted by wmansir View Post
That seems to be Kennedy's position in this video [38 minute mark]. Speaking about Heller as a teaching device he raises the question of whether it should be incorporated and if so should it be a well regulated right, like the right to property, or lightly regulated right, like speech. He then seems to dismiss the argument that long standing 2nd precedent should bar incorporation and makes a general argument for the "living document" view of the Constitution.

But can the rest of the Heller majority, particularly Scalia and Thomas, make a legal case for incorporation consistent with their conservative judicial philosophies?

Scalia isn't terribly consistent to begin with. The Thomas opinion, if there is one, should be interesting to read.
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Old 10-01-09, 12:38 PM
  #244  
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Re: Supreme Court to determine D.C. gun rights (Update: DC gun ban struck down)

I have used Heller as a teaching device in my classes. When I cover selective incorporation it makes a perfect example about the idiosyncratic nature by which "fundamental rights" have been applied to the states.
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