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re: Conservatives getting back to historical interpretation of 2A

Posted on 12/8/18 at 2:42 pm to
Posted by NIH
Member since Aug 2008
112526 posts
Posted on 12/8/18 at 2:42 pm to
Are you still pretending to be a centrist ?
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 12/8/18 at 2:44 pm to
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 by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134026 posts
Posted on 12/8/18 at 2:46 pm to
Shall.

Not.

Be.

Infringed.
Posted by Stingray
Shreveport
Member since Sep 2007
12420 posts
Posted on 12/8/18 at 2:47 pm to
Come and kill me...to take my guns...to save lives?
Posted by SouthernHog
Arkansas
Member since Jul 2016
6197 posts
Posted on 12/8/18 at 2:49 pm to
quote:

bmy

Soy boy beta male
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 12/8/18 at 2:49 pm to
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 by thingshavechanged
Member since May 2017
413 posts
Posted on 12/8/18 at 3:07 pm to
Read Justice Scalia's Majority opinion in the Heller case. Handgun , for self defense, in the home.
Posted by Vacherie Saint
Member since Aug 2015
39363 posts
Posted on 12/8/18 at 3:09 pm to
This is lame. Even for you.
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
64066 posts
Posted on 12/8/18 at 3:09 pm to
So people have various opinions in the Trump administration and this is news?
Posted by thingshavechanged
Member since May 2017
413 posts
Posted on 12/8/18 at 3:12 pm to
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.”
Posted by BBONDS25
Member since Mar 2008
47876 posts
Posted on 12/8/18 at 3:15 pm to
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 by troyt37
Member since Mar 2008
13308 posts
Posted on 12/8/18 at 3:20 pm to
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 by thingshavechanged
Member since May 2017
413 posts
Posted on 12/8/18 at 3:33 pm to
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 by bmy
Nashville
Member since Oct 2007
48203 posts
Posted on 12/8/18 at 3:55 pm to
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 by Clames
Member since Oct 2010
16528 posts
Posted on 12/8/18 at 3:57 pm to
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 by bmy
Nashville
Member since Oct 2007
48203 posts
Posted on 12/8/18 at 3:58 pm to
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 by Clames
Member since Oct 2010
16528 posts
Posted on 12/8/18 at 3:58 pm to
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 by awestruck
Member since Jan 2015
10922 posts
Posted on 12/8/18 at 4:03 pm to
quote:

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?
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.

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 by Kino74
Denham springs
Member since Nov 2013
5339 posts
Posted on 12/8/18 at 4:30 pm to
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 by junkfunky
Member since Jan 2011
33840 posts
Posted on 12/8/18 at 4:32 pm to
quote:

back to historical interpretation of 2A


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