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  • Individual Right to Bear Arms

    I can't believe there isn't a thread on this yet, but it looks like SCOTUS is about to rule as to whether or not the 2nd Amendment grants an individual right to bear arms.



    Supreme Court to back right to bear arms
    By Patti Waldmeir in Washington

    Published: March 18 2008 20:20 | Last updated: March 18 2008 20:20

    The US Supreme Court appears ready to rule that Americans have a constitutional right to keep a gun in their home for self-defence, a ruling that could help Republicans in the upcoming presidential election.

    Hearing the most important gun rights case in nearly 70 years, the justices on Tuesday spent 98 minutes engrossed in a lively debate about British and American legal traditions relating to the right to bear arms, especially in self-defence.

    EDITOR’S CHOICE
    Business waits on Supreme Court rulings - Feb-18Supreme Court blow to investor lawsuits - Jan-15By the end of Tuesday’s session, it appeared clear that a majority of the court would rule that the US constitution protects the right of individual Americans to “keep and bear arms” – but that federal, state and local governments will retain some powers to regulate firearms.

    At issue in the case is the constitution’s second amendment, which includes ambiguous language about gun rights. It says “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”.

    The justices sparred over whether those words guarantee the right of individual citizens to bear arms, or only the collective right to bear arms in a state militia.

    A majority of the nine justices, including the crucial “swing” justice Anthony Kennedy, who often holds the balance of power on the court, appeared to believe the amendment guaranteed an individual right to weapons.

    Justice Kennedy repeatedly insisted that the amendment must have been intended to allow citizens to protect their frontier homes and families against dangers such as attacking Indians or bears, and should provide a similar right to protect the modern home.

    The case before the court involves a Washington DC law making it a crime to have any kind of firearm that is ready to fire, either a handgun or a loaded rifle or shotgun, and is among the strictest gun control laws in the US.

    Dick Anthony Heller, an armed security guard, sued the District after it rejected his application to keep a handgun at his home for protection. The top court is reviewing a federal appeals court ruling that struck down the DC law and broadly interpreted the right of individuals to bear arms.

    The most difficult question for the court is: what kind of laws can governments pass to restrict the constitutional right to keep and bear a gun?

    Chief Justice John Roberts made clear that the DC law would not meet his test as a reasonable regulation of firearms ownership. “What is reasonable about a total ban on possession of handguns?” he asked. But several other justices defended the ban as a reasonable response to the crime problem in America’s capital city.

    Mr Heller’s lawyer said the court could find that Americans have an individual right to own guns but still allow governments to regulate some types of weapons, such as machine guns, and who can own them.

    Political analysts said a ruling in favour of gun rights could help Republicans, especially in a close general election.
    Finally, an end to the idiotic notion that the 2nd Amendment does not protect the individual right to bear arms. This is so blindingly obvious that only a liberal ( ) would disagree.
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  • #2
    The right to bear arms is nothing without the right to arm bears!

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    • #3
      It's ridiculous. Legislation is unwarranted, and won't be complied with in application.
      Life is not measured by the number of breaths you take, but by the moments that take your breath away.
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      He also hates Texans and Australians, he does diversify." ~ Braindead

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      • #4
        The D.C. handgun ban is perfectly reasonable, and the vast majority of residents supported it last time I checked. See, the main advantage of a handgun over a larger weapon is that it can be concealed, and thus is useful for carjacking, assassination, mugging, and general mayhem. I guess it's also more portable, but our nation's capital is really not the kind of city that would take kindly to people packing heat of any sort in public. For starters, half the damned city is federal government office buildings...

        The part about keeping a loaded gun of another type in the house sounds nigh-impossible to enforce anyway, but I'm not sure about the validity of it.
        1011 1100
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        • #5
          Except, DC has one of the highest crime rates in the nation, even with the handgun ban in place. The only people without easy access to firearms are the people who wouldn't commit crimes with them to begin with.
          Follow me on Twitter: http://twitter.com/DaveDaDouche
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          • #6
            Yeah, making sure everyone doesn't have guns is really going to put the fear into the heart of burglars.

            I think it's a solid deterrant to know that someone on the street could be carrying a gun, and that raises the risks significantly.

            I wouldn't ever carry a gun, but it's up to the individual to decide.
            Scouse Git (2) La Fayette Adam Smith Solomwi and Loinburger will not be forgotten.
            "Remember the night we broke the windows in this old house? This is what I wished for..."
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            • #7
              Originally posted by David Floyd
              The only people without easy access to firearms are the people who wouldn't commit crimes with them to begin with.
              To me, this means the obvious solution is to make guns harder to get?

              Bear arms
              Last edited by Asher; March 19, 2008, 00:03.
              "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
              Ben Kenobi: "That means I'm doing something right. "

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              • #8
                Originally posted by Ben Kenobi
                Yeah, making sure everyone doesn't have guns is really going to put the fear into the heart of burglars.

                I think it's a solid deterrant to know that someone on the street could be carrying a gun, and that raises the risks significantly.
                Burglaries per capita in Texas in 2006: 0.009 (http://www.disastercenter.com/crime/txcrime.htm)

                Burglaries per capita in Alberta: 0.007 (http://www.garrybreitkreuz.com/publi...2005_03_07.doc)

                If guns are a deterrent, why is it higher in the gun capital of the world?
                "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                Ben Kenobi: "That means I'm doing something right. "

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                • #9
                  Bear Arms

                  <Reverend> IRC is just multiplayer notepad.
                  I like your SNOOPY POSTER! - While you Wait quote.

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                  • #10
                    To me, this means the obvious solution is to make guns harder to get?
                    What do you propose? Ban handguns? Oh, wait

                    Why people think banning guns would be any more effective than bannings drugs or alcohol is beyond me.
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                    • #11
                      Originally posted by David Floyd


                      What do you propose? Ban handguns? Oh, wait

                      Why people think banning guns would be any more effective than bannings drugs or alcohol is beyond me.
                      I don't know, perhaps the existence of a country on your doorstep that has a much better solution to the problem than you do.
                      "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                      Ben Kenobi: "That means I'm doing something right. "

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                      • #12
                        Originally posted by Asher

                        Burglaries per capita in Texas in 2006: 0.009 (http://www.disastercenter.com/crime/txcrime.htm)

                        Burglaries per capita in Alberta: 0.007 (http://www.garrybreitkreuz.com/publi...2005_03_07.doc)

                        If guns are a deterrent, why is it higher in the gun capital of the world?
                        Is Texas not poorer than Alberta? which is a very rich province.

                        If you want to know the real influence of having a ban or a right to be armed. You would have to find a country or a province who is having the same level of poverty than Texas, the same urban density, etc...
                        bleh

                        Comment


                        • #13
                          Originally posted by CrONoS


                          Is Texas not poorer than Alberta; which is very rich province.

                          So, you would have to find a country or a province who is having the same level of poverty than Texas, the same urban density, etc...

                          I'm pretty you already knew it.
                          Last I heard, the Texans here were bragging about how rich their state was.
                          "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                          Ben Kenobi: "That means I'm doing something right. "

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                          • #14
                            Originally posted by Asher

                            Last I heard, the Texans here were bragging about how rich their state was.
                            I don't know, I have the feeling that Alberta is richer than Texas.
                            bleh

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                            • #15
                              I don't know, perhaps the existence of a country on your doorstep that has a much better solution to the problem than you do.
                              And yet, even with handguns banned in DC, crime remains extremely high, including gun crime. Seems to indicate that every situation - every society - requires a different solution. US and Canada are not the same entity, with the same problems, solutions, and societies.
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