2nd Amendment; how will you handle Supreme Court's latest ruling?
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2nd Amendment; how will you handle Supreme Court's latest ruling?
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Since State laws must be in accordance with the U.S.Constitution (and those which aren't are void from their inception), and since SCOTUS has ruled it an individual right and since "keep and bear" operate as a unit, how are you handling people enjoying the exercise of their right to openly bear arms in spite of now-obsolete State laws prohibiting same?
I waited this long to ask because by now you will have received directives from above and had some experience dealing with the issue and I'm curious how it's working in actual practice.
http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf
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Thank you Beverly. But you still don't get it. I make no claim about the "universal" right for anyone to bear anything. Far from it. I'm talking about ordinary folks with ordinary pistols in ordinary belt holsters in States like California and many others where this is against State law.
These laws no longer comport with the Federal Constitution. I realize that's not what the case said but The Court only answers the question it is asked and narrowly. Its answer in this case makes it clear that since one can "keep" it's just a matter of time before someone makes them say also "bear".
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beverly
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Perhaps this is what you were after with your last question.
Your understanding of this ruling is flawed. Heller does not affirm the right of a citizen to universally and 'openly bear arms'.
Consider the following:
"Since the June 2008 ruling, over 60 different cases have been heard in lower federal courts on the constitutionality of a wide variety of gun control laws.[64] These courts have heard lawsuits in regard to bans of firearm possession by felons, drug addicts, illegal aliens, and individuals convicted of domestic violence misdemeanors.[64] Also, cases have been heard on the constitutionality of laws prohibiting certain types of weapons, such as machine guns, sawed-off shotguns and/or specific types of weapons attachments. In addition, courts have heard challenges to laws barring guns in post offices and near schools and laws outlawing "straw" purchases, carrying of concealed weapons, types of ammunition and possession of unregistered firearms.[64]
The courts have upheld every one of these laws as being constitutional. The basis for the lower court rulings is the paragraph near the end of the Heller ruling that states: "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions on the commercial sale of arms." Consistently since the Heller ruling the lower federal courts have ruled that almost all gun control measures as presently legislated are lawful and that according to UCLA professor of constitutional law Adam Winkler: "What gun rights advocates are discovering is that the vast majority of gun control laws fit within these categories."[64]"
This, by the way, is an example of what I was saying in my last answer. Often times people who challenge an Officer on the law are either seriously misguided or flat out wrong. |
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Thunderstruck
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No big deal. |
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