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November 10, 2007
High Court To Look At Ban On Handguns
Justices to decide whether to take up case on strict limits approved in D.C. McClatchy-Tribune
WASHINGTON
The Supreme Court will discuss gun control today in a private conference that soon could explode publicly.
Behind closed doors, the nine justices will consider taking a case that challenges the District of Columbia's stringent handgun ban. Their ultimate decision will shape how far other cities and states can go with their own gun restrictions.
"If the court decides to take this up, it's very likely it will end up being the most important Second Amendment case in history," said Dennis Henigan, the legal director for the Brady Campaign to Prevent Gun Violence.
Henigan predicted "it's more likely than not" that the necessary four justices will vote to consider the case. The court will announce its decision Tuesday, and oral arguments could be heard next year.
Lawyers are swarming.
Texas, Florida and 11 other states weighed in on behalf of gun owners who are challenging D.C.'s strict gun laws. New York and three other states want the gun restrictions upheld. Pediatricians filed a brief supporting the ban. A Northern California gun dealer, Russell Nordyke, filed a brief opposing it.
From a victim's view:
Tom Palmer considers the case a matter of life and death.
Palmer turns 51 this month. He's an openly gay scholar in international relations at the Cato Institute, a libertarian research center, and holds a Ph.D. from Oxford University. He thinks that a handgun saved him years ago in San Jose, Calif., when a gang threatened him.
"A group of young men started yelling at us, 'we're going to kill you' (and) 'they'll never find your bodies,' " Palmer said in a March 2003 declaration. "Fortunately, I was able to pull my handgun out of my backpack, and our assailants backed off."
He and five other plaintiffs named in the original lawsuit challenged Washington's ban on possessing handguns. The District of Columbia permits possession of other firearms, if they're disassembled or stored with trigger locks.
Their broader challenge is to the fundamental meaning of the Second Amendment. Here, commas, clauses and history all matter.
The Second Amendment says, "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed."
Gun-control advocates say this means that the government can limit firearms ownership as part of its power to regulate the militia. Gun ownership is cast as a collective right, with the government organizing armed citizens to protect homeland security.
"The Second Amendment permits reasonable regulation of firearms to protect public safety and does not guarantee individuals the absolute right to own the weapons of their choice," New York and the three other states declared in an amicus brief.
Gun-control critics contend that the well-regulated militia is beside the point, and say the Constitution protects an individual's right to possess guns.
Clashing decisions
Last March, a divided appellate court panel sided with the individual-rights interpretation and threw out the D.C. ban.
The ruling clashed with other appellate courts, creating the kind of appellate-circuit split that the Supreme Court likes to resolve. The ruling obviously stung D.C. officials, but it perplexed gun-control advocates.
If D.C. officials tried to salvage their gun-control law by appealing to the Supreme Court — as they then did — they could give the court's conservative majority a chance to undermine gun-control laws nationwide.
Wild Thing's comment........
Another example of liberals not being able to see the consequences of their actions. Suppose guns or even just handguns are outlawed. What happens next? Look at DC where handguns are already outlawed.
When you see the arrogance and treason in DC today, it's becoming apparent that we may need them to control our runaway government. When they are this treasonous knowing we still have guns, can you imagine how bad it would be if we were not armed and able to protect ourselves?
"No free man shall ever be de-barred the use of arms. The strongest reason for the people to retain their right to keep and bear arms is as a last resort to protect themselves against tyranny in government." --Thomas Jefferson
"Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence. To secure peace, securely and happiness, the rifle and the pistol are equally indispensable. The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good." --George Washington
"And that the said Constitution be never construed to authorize Congress ... to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.... "--Samuel Adams
"No government power can be abused long. Mankind will not bear it. There is a remedy in human nature against tyranny, that will keep us safe under every form of government."---Samuel Johnson
"The tree of liberty needs to be watered from time to time with the blood of patriots and tyrants."---Thomas Jefferson "If ever time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin" ~ Samuel Adams
"I hold it, that a little rebellion, now and then, is a good thing, and as necessary in the political world as storms in the physical."--Thomas Jefferson
"It cannot be emphasized too strongly or too often that this great nation was founded, not by religionists, but by Christians; not on religions, but on the gospel of Jesus Christ. For this very reason peoples of other faiths have been afforded asylum, prosperity, and freedom of worship." --Patrick Henry
"A government that does not trust it's law abiding citizens to keep and bear arms is itself unworthy of trust." -James Madison
" Freedom was never lost through a brutal assault; it was lost due to sloth, lack of vigilance, and apathy. Gradually more restrictions were imposed to make life seem safer, orderly and more fair. Freedom has been ravaged, now we must suffer the consequences!" author unknown
Posted by Wild Thing at November 10, 2007 12:47 AM
Comments
... and the gall of it all is that the murderers know there's no more lethal injections at this time because... it's too painful! Thank-You ACLU, NAACP, Roman Catholic Church, and CNN.
Posted by: darthcrUSAderworldtour07 at November 10, 2007 04:38 AM
PS: Article II (1791) of the U.S. Constitution reads, "A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed." But if you go through D.C. next time, be sure it isn't after the sun goes down! The D.C.'ites are 98% black and vote for the donkeys every single time.
Posted by: darthcrUSAderworldtour07 at November 10, 2007 06:19 AM
Better to be tried by twelve than carried by six.
Posted by: BobF at November 10, 2007 07:13 AM
It's our constitutional right to bear arms.
They wrote that in because we ARE the militia.
If it comes to our shores, we have to be ready to
fight for our homes, our families and friends, our cities and towns, our lives.
If you choose not to have a hand gun or gun so be it, but don't infringe on my right to have one.
My brother has a beautiful 1906 Springfield rifle that was given to our grandpa on his birth by William Jennings Bryan, who was his father's best friend when they grew up in Missouri together. It's a beautiful weapon, not usable anymore, but still a beauty on display.
Don't take those away.
And even if all are banned, the criminals would still get them. You know they would.
Who do the dummycraps think they're fooling?
Posted by: Lynn at November 10, 2007 07:15 AM
The left is always talking about 'Gun Violence', guns are not violent the people who use them are violent. They will write more and more gun laws that will do nothing but disarm honest citizens, who do follow the rules and law.
They will do it for the children, like the failed SCHIP meical care for the 'Children'.
They keep saying that Conservatives hate children, this is not true. If it were true then we would embrace ABORTION, WE DON'T.
So who hates children ? It aint the Conservative, it is the liberal. When a child uses a gun in a crime at a school they blame ADD and the gun and put the kid on drugs, instead of giving him/her a good ass whuppin which is what should have happened years ago before it got to this point.
I am telling you they are out to destroy this country.
Posted by: Mark at November 10, 2007 08:56 AM
"Behind closed doors"
Posted by: Jack at November 10, 2007 12:22 PM
Guns are a Constitutional right. They are a tool of safety. Safety from tyranny and safety from anarchy. Our globalist, socialist government is becomming the tyranny and drug driven crime is the anarchy.
There is another growing problem and that is the increasing threat of terror. The growing muslim population is a potential enemy that we may have to protect ourselves from.
I don't want to become a defenseless citizen in America. The British and Australians have become defenseless since they disarmed and "allowed" the government to become their protector. The result has been rising crime and more victims.
Posted by: TomR at November 10, 2007 01:10 PM
In Moscow I asked a former KGB bear (in 1992) did they really think they'd win the Cold War? He replied that they would have had to use a lot of their nukes because of all of the Americans that were ARMED, especially the backwooded militias. How about that Liberal Skanks 'R Us!
God Bless our forfathers and the 2nd Amendment!!
Posted by: darthcrUSAderworldtour07 at November 10, 2007 11:43 PM
Darth, yes, if they go and change this it will be an outrage like this country has not seen in a long time maybe ever.
Posted by: Wild Thing at November 11, 2007 12:23 AM
Bob..."Better to be tried by twelve than carried by six."....I agree.
Posted by: Wild Thing at November 11, 2007 12:27 AM
Lynn that is so neat, even if it doesn't work anymore that is wonderful and very special.
Posted by: Wild Thing at November 11, 2007 12:33 AM
Mark I agree so much, it is not the conservative that does not like children. The left will use anything they can to bring up how bad guns are.
Posted by: Wild Thing at November 11, 2007 12:37 AM
Jack, yep.....""Behind closed doors""....sure does seem like there is a lot of that happening lately. The amnesty stuff behind closed doors too. sheesh
Posted by: Wild Thing at November 11, 2007 12:40 AM
Tom, I agree, the places they have taken the guns from the people there is still crime. The bad guys still manage to get weapons and it leaves the law abiding people without weapons to defend themselves.
Posted by: Wild Thing at November 11, 2007 12:49 AM
Darth Amen to that, God bless our Forefathers.
Posted by: Wild Thing at November 11, 2007 12:51 AM
