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Joined: Jun 2004
Posts: 986
Sidelock
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Sidelock
Joined: Jun 2004
Posts: 986 |
The two that ruled in favor of the individual rights interpretation were appointed by Reagan and Bush II, the other was appointed by Bush I.
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Joined: Feb 2005
Posts: 7,438
Sidelock
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Sidelock
Joined: Feb 2005
Posts: 7,438 |
The court relied on a constitutional interpretation that has been rejected by nine federal appeals courts around the nation. The decision was the first from a federal appeals court to hold a gun-control law unconstitutional on the ground that the Second Amendment protects the rights of individuals, as opposed to a collective right of state militias.
Nine Federal Courts?? Someones got their head screwed on backwards here. The ONLY Federal court to reject this as an individual right is the NINTH in California and we all know where they stand. Contact whoever stated this and demand a retraction. The FIFTH In Texas also supported this individual right position. Jim
The 2nd Amendment IS an unalienable right.
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Joined: Feb 2002
Posts: 14,125 Likes: 198
Sidelock
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Sidelock
Joined: Feb 2002
Posts: 14,125 Likes: 198 |
In what state can a D.C. resident legally purchase a handgun? They won't be able to do it in D.C. even after the ruling is affirmed. There are no longer any gun stores in D.C. I wonder if D.C. residents can be gifted handguns by sympathetic outsiders? As a MD resident, I can't go outside MD to buy a handgun. It can only be transferred through a MD dealer. As far as I know, there are no D.C. dealers who can transfer under the law. Maybe our new mayor will make something happen.
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Joined: Dec 2001
Posts: 299
Member
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Member
Joined: Dec 2001
Posts: 299 |
From The New York Times: ... Robert A. Levy, a senior fellow at the Cato Institute and one of Mr. Heller’s lawyers, “the D.C. opinion is unequivocal.”
In a statement on its Web site, the National Rifle Association called the decision a significant victory that “affirmed that the Second Amendment of the Constitution protects an inherent, individual right to bear arms.”
The immediate consequence of the decision, Mr. Levy said, is that “D.C. will have to implement a process for enabling people to keep handguns in their houses.” As eightbore points out the practical ability of implementing that may be difficult as there are no gunshops presently in DC.
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Joined: Apr 2005
Posts: 916 Likes: 1
Sidelock
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Sidelock
Joined: Apr 2005
Posts: 916 Likes: 1 |
... the problem is that those who sympathize with the gun grabbers usually get their information about the 2nd amendment from the gun grabbers and their friends in the media who are not going to say much at all about the historical evidence of the 2nd amendemnt. Yes, and I'm going to put this decision in the hands of some of them I'm acquainted with -- and I know they'll be surprised!
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Joined: Nov 2005
Posts: 4,598
Sidelock
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Sidelock
Joined: Nov 2005
Posts: 4,598 |
From the decision: To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for ativities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad).That's about as good as we could hope for! Proposed on September 25, 1789 Ratified on December 15, 1791 Amendment II
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. Pete
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Joined: Mar 2006
Posts: 195
Sidelock
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Sidelock
Joined: Mar 2006
Posts: 195 |
Who are the Militia? "Well sir, the miltia are the people" James Madison We haven't heard from the left yet but there is cause for modest celebration! I think I'll go shooting today! David
Last edited by David Hamilton; 03/10/07 07:55 AM.
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Joined: Jun 2003
Posts: 21
Boxlock
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Boxlock
Joined: Jun 2003
Posts: 21 |
"The conclusion is thus inescapable that the history, concept, and wording of the Second Amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner." Report of the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, 97th Congress, Second Session ( February 1982 )
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Joined: Mar 2006
Posts: 195
Sidelock
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Sidelock
Joined: Mar 2006
Posts: 195 |
This morning I raised our flag on my flagpole over the Virginia flag with its motto "Sic Semper Tyrannis" Thus always to tyrants. An early morning breeze lifted the flags into the first rays of the sun as I watched and reflected on our heritage and how we have let our liberties be erroded. I have given the NRA more money than I could afford and voted against those who would deny our freedoms, but it is not enough. Today I will celebrate a victory. Let us endevor to pass our country on to the next generation in a form that reflects our values. I will try harder. I have a son-in-law who was a Clinton advance man and a personal friend of Bill. I think I have reached him and that he agrees with my stand on our freedoms. I will endevor to get him to take up the use of arms. Cheers! David
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Joined: Jan 2002
Posts: 11,377 Likes: 105
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 11,377 Likes: 105 |
Could a DC resident buy a handgun in Maryland or VA? That would depend on the laws in those states. In Iowa, I have to have either a permit to purchase or a CC permit to buy a handgun. (No requirement for long guns, and my CC permit trumps the ATF background check requirement.) Have never tried buying a handgun in another state, although I've bought plenty of long guns out of state.
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