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Started By
Message
Posted on 12/8/18 at 2:44 pm to bmy
quote:
"The Second Amendment’s core is
How about beyond that "core" and into everyday use?
quote:
"the plaintiffs simply do not have the right” to carry arms for any sort of confrontation”
Who were the plaintiffs and what was the context of that statement?
Posted on 12/8/18 at 2:47 pm to TbirdSpur2010
Come and kill me...to take my guns...to save lives?
Posted on 12/8/18 at 2:49 pm to awestruck
quote:
as in: ""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."
Who makes up "the people" in your mind?
Posted on 12/8/18 at 3:07 pm to Rover Range
Read Justice Scalia's Majority opinion in the Heller case. Handgun , for self defense, in the home.
Posted on 12/8/18 at 3:09 pm to bmy
So people have various opinions in the Trump administration and this is news?
Posted on 12/8/18 at 3:12 pm to thingshavechanged
Heller opinion, written by Scalia: Limitations on the Right to Keep and Bear Arms
Second Amendment rights are not absolute, according to Scalia. Thus, the amendment does not grant the “right to keep and carry any weapon whatsoever in any manner whatsoever for whatever purpose” (Heller., at 2816). Among “presumptively lawful” regulatory measures are laws that (1) prohibit carrying concealed weapons, (2) prohibit the possession of firearms by felons and the mentally ill, (3) forbid the carrying of firearms in sensitive places such as schools and government buildings, or (2) impose conditions and qualifications on the commercial sale of arms. He adds that he could also find “support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons” (Id., at 2816, 2817). In a footnote, Scalia says the list of presumptively lawful measures “does not purport to be exhaustive.”
Second Amendment rights are not absolute, according to Scalia. Thus, the amendment does not grant the “right to keep and carry any weapon whatsoever in any manner whatsoever for whatever purpose” (Heller., at 2816). Among “presumptively lawful” regulatory measures are laws that (1) prohibit carrying concealed weapons, (2) prohibit the possession of firearms by felons and the mentally ill, (3) forbid the carrying of firearms in sensitive places such as schools and government buildings, or (2) impose conditions and qualifications on the commercial sale of arms. He adds that he could also find “support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons” (Id., at 2816, 2817). In a footnote, Scalia says the list of presumptively lawful measures “does not purport to be exhaustive.”
Posted on 12/8/18 at 3:15 pm to thingshavechanged
That doesn’t say it’s limited to the home. At all. Additionally, the courts use of a handgun in the home was an example....not an exhaustive list. The term “such as” was used prior to describing home protection.
This post was edited on 12/8/18 at 3:18 pm
Posted on 12/8/18 at 3:20 pm to thingshavechanged
quote:
Read Justice Scalia's Majority opinion in the Heller case. Handgun , for self defense, in the home.
“Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation.”
?
Posted on 12/8/18 at 3:33 pm to BBONDS25
The Heller holding only specifically addresses handgun for self defense in the home. Dicta from Scalia addresses permissible regulations such as bans on concealed carry, etc.
This post was edited on 12/8/18 at 3:34 pm
Posted on 12/8/18 at 3:55 pm to civiltiger07
quote:
Shall not be infringed. Pretty clear statement
Shall not be infringed (by the feds) (nor by the states in matters of home defense)
This post was edited on 12/8/18 at 5:01 pm
Posted on 12/8/18 at 3:57 pm to thingshavechanged
quote:
Read Justice Scalia's Majority opinion in the Heller case. Handgun , for self defense, in the home.
You need to read it yourself, and do a better job of figuring out the proper context. The important part you left out, "such as...", means that the Heller case did NOT mean that to be the exclusive purpose. "Traditionally lawful purposes..." includes self-defense within the home but does not mean that is the only lawful purpose.
Posted on 12/8/18 at 3:58 pm to TigerAxeOK
quote:
So the right to keep and bear arms only includes keeping and bearing arms within the confines of your own home? I must have missed that part.
No.. but this part of the right is incorporated against the states.
Posted on 12/8/18 at 3:58 pm to bmy
quote:
Shall not be infringed (by the feds) (nor by the states in matters of home defensee)
Except that is not what any of the Heller cases stated. Typical of the poorly educated, you have trouble putting simple words together into their proper context.
Posted on 12/8/18 at 4:03 pm to Dale51
quote:The people: those who would oppose having their goverment taking away their arms, from an aggressive overstepping of the constitution, and for fighting against a Federally controlled military gone awry, or coup d'etat. It's way more important than me or you having a gun to protect ourselves from each other... which is pretty damn high up there.
quote: as in: ""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."
Who makes up "the people" in your mind?
Disarmament is the dissolution of the ultimate check and balance of we the people.
eta: And probably not limited to a state militia.
This post was edited on 12/8/18 at 4:12 pm
Posted on 12/8/18 at 4:30 pm to Clames
quote:
Except that is not what any of the Heller cases stated. Typical of the poorly educated, you have trouble putting simple words together into their proper context.
BMY hasn't realized that the Second Amendment hasn't had a ruling on scrutiny yet. I find it comical that these "I'm a supporter or the 2A but" crowd always seem to support every restriction possible.
Posted on 12/8/18 at 4:32 pm to bmy
quote:
back to historical interpretation of 2A
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