McDonald / 2A Incorporation Thread
- Thread starter AliasNeo07
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Patrick
MSI Executive Member
Full Text here: http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
Oops, Joppa got it up at the same time.
Reading...
Oops, Joppa got it up at the same time.
Reading...
vette97
Ultimate Member
You all are like ABC, NBC and CBS all fighting over who's faster to break the news. LOL!
rob b
c@r collecting
how will this help us here in MD if at all
fightinbluhen51
"Quack Pot Call Honker"
- Oct 31, 2008
- 8,974
This is a punt. Goes to show that SCOTUS has no desire to enforce the Constitution any more, or ready it as it is written.
Reversed and Remanded, without the b@!!$ to say just how far the right goes. Not surprised, and we will see NO change other than that, state, local, fed, can't come and grab them (until they think of a way to work around the rulings).
Reversed and Remanded, without the b@!!$ to say just how far the right goes. Not surprised, and we will see NO change other than that, state, local, fed, can't come and grab them (until they think of a way to work around the rulings).
csanc123
Ultimate Member
ok....now will someone break this down for us... what does it mean in the end for us in MD? What is the next step for us?
fightinbluhen51
"Quack Pot Call Honker"
- Oct 31, 2008
- 8,974
"Erin: The opinion leaves the fate of the Chicago gun ordinance in the hands of the 7th Circuit on remand. "
This is why this opinion is a FAIL.
This is why this opinion is a FAIL.
fightinbluhen51
"Quack Pot Call Honker"
- Oct 31, 2008
- 8,974
See above.
csanc123
Ultimate Member
CRAP..it gets sent back to the lower court...CRAP CRAP CRAP
fightinbluhen51
"Quack Pot Call Honker"
- Oct 31, 2008
- 8,974
Yeah, everyone is in here chearleading, but I do not see this as a win, I see it as a complete punt. I understand that they just now gave the lower court a mandate that says "you have to allow some ownership, but we will not give you a standard within which you can work."
It's a failed opportunity to actually enforce the rule of law, and just one more nail in the coffin of freedom.
It's a failed opportunity to actually enforce the rule of law, and just one more nail in the coffin of freedom.
ozwyn
Ultimate Member
It's more like every other firearm rights win - we gain a foot or two when by all rational and logical thought we should have won miles. Had it been any other subject than guns, we would have won miles of progress.
However, we are still moving towards freedom. Its just always a longer road than it should be. It should have been a huge win and now its merely a small win.
However, we are still moving towards freedom. Its just always a longer road than it should be. It should have been a huge win and now its merely a small win.
Patrick
MSI Executive Member
The right to keep
and bear arms must be regarded as a substantive guarantee, not a
prohibition that could be ignored so long as the States legislated inan evenhanded manner.
I'm still reading, but if they make this a "substantial" and "fundamental" right, the lower court must support a strict interpretation of 2A.
Remanding the case back is not necessarily a punt. They get to apply the Court's decision and then the losers get to re-appeal back to the top of the list. Or the Supreme Court can say refuse to hear the new decision, meaning it passes muster. It is a way of fast-forwarding the appeals process and avoid having to use new cases to get back up to the top. Also, it puts the lower court in the position of potentially monitoring Chicago's follow-on actions. This is inappropriate for the USSC, but fine for a Circuit.
Guys, I am still reading and am not a lawyer. But I have not seen anything bad. Yet.
EDIT: Note the above text is from the Syllabus, not the order.
and bear arms must be regarded as a substantive guarantee, not a
prohibition that could be ignored so long as the States legislated inan evenhanded manner.
I'm still reading, but if they make this a "substantial" and "fundamental" right, the lower court must support a strict interpretation of 2A.
Remanding the case back is not necessarily a punt. They get to apply the Court's decision and then the losers get to re-appeal back to the top of the list. Or the Supreme Court can say refuse to hear the new decision, meaning it passes muster. It is a way of fast-forwarding the appeals process and avoid having to use new cases to get back up to the top. Also, it puts the lower court in the position of potentially monitoring Chicago's follow-on actions. This is inappropriate for the USSC, but fine for a Circuit.
Guys, I am still reading and am not a lawyer. But I have not seen anything bad. Yet.
EDIT: Note the above text is from the Syllabus, not the order.
ozwyn
Ultimate Member
Thinking that could be a basis for attacking arbitrary "may issue" state laws (like MD) on CCW. Could also be used to attack the practice of "allowed gun lists" and possibly executive orders banning importation.
Patrick
MSI Executive Member
Bingo, if it holds throughout the decision. Still looking for that "reasonable restrictions" equivalent in Heller.
csanc123
Ultimate Member
so long as the States legislated in an evenhanded manner.
Nothing will change in MD. Sorry to say. It's open to interpretation and who is doing the interpreting in MD?..the same folks that don't give a f*&^. At best it will be status-quo here in MD.
Sucks big time....or maybe I'm being too pessimistic....
Nothing will change in MD. Sorry to say. It's open to interpretation and who is doing the interpreting in MD?..the same folks that don't give a f*&^. At best it will be status-quo here in MD.
Sucks big time....or maybe I'm being too pessimistic....
smokey
2A TEACHER
- Jan 31, 2008
- 31,534
Pushrod
Master Blaster
I am severely dissapointed. They had a great chance here to set the stage for freedom, and they shrugged it off. It is only a win, but barely so.
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