Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 12/10/2001 4:58:34 PM EDT
Supposedly the Emerson Case is being appealed to the Supreme Court. If the Supreme Court decides to hear it and comes to the conclusion that the Second Amendment is not an individual right, then what?
Link Posted: 12/11/2001 3:56:49 AM EDT
Link Posted: 12/11/2001 4:16:18 AM EDT
even if they do say its an individual right we can expect lots of new laws. for example, federal registration would probably not be unconstitutional, as it isnt denying you an arm and there's no more slippery slope argument. In fact, I'm sure we'll have a whole new slew of laws no one here would like. It'll be particularly bad while the Court is trying to decide the appropriate standards etc. mostly crooks will be trying to use the new caselaw to try to get out of jail.
Link Posted: 12/11/2001 7:03:04 AM EDT
[Last Edit: 12/11/2001 6:56:44 AM EDT by California_Kid]
FWIW - Over 98% of cases put on the SCOTUS docket are denied cert (i.e. are not heard). If that happens to the Emerson case, the "antis" will incorrectly interpret the Court's refusal to hear the case as a rejection of the individual RKBA. Be prepared for that, as it is the most likely outcome.
Link Posted: 12/11/2001 8:17:28 AM EDT
It is my understanding that when two circuits hand down conflicting opinions as the 9th and 5th have done on the 2nd Amendment, the Supreme Court is required to hear the case. The current makeup of the court suggests a favorable decision for us. Do not expect a wholesale elimination of gun laws. It is likely that each one will have to be challenged in court and ruled unconstitutional on its own.
Link Posted: 12/11/2001 8:36:07 AM EDT
[Last Edit: 12/11/2001 8:29:15 AM EDT by California_Kid]
Originally Posted By Dave_G: It is my understanding that when two circuits hand down conflicting opinions as the 9th and 5th have done on the 2nd Amendment, the Supreme Court is required to hear the case....
View Quote
Yes, and when two states are at odds SCOTUS will hear the case. However, the meaning of the Second Amendment was not the core issue in Emerson. The issue was the constitutionality of the law depriving Emerson of his RKBA due to a restraining order. The 5th CCA said it was constitutional. The 9th has never found any different. SCOTUS could still blow it off without comment, and that is my prediction.
Link Posted: 12/11/2001 12:20:58 PM EDT
We'll see...
Link Posted: 12/12/2001 6:06:09 AM EDT
I can very easily see the SCOTUS refusing to hear the case, with no comment. If they decide to hear the case, it is very doubtful that they will deny an individual rights position. My guess is that they will go with much of the previous decisions. They will say that yes, the second amendment is an individual right, however there exists nothing in the amendment that does not allow for certain types of regulation by the federal government. They will craft their decision, much like US v. Miller, so that it can be used both for and against regulation...in essence making a decision without making a decision. It's the modus operandi of the SCOTUS except in cases where their nuts are nailed to the wall.
Link Posted: 12/12/2001 2:28:56 PM EDT
Two or three times over the last four years, they have referred to the 2nd Amendment as an individual right in line with the dicta from Emerson. The decisions concerned other constitutional issues of individual rights and referred to the 2nd indirectly. The same Justices are still on the court. We'll see...
Top Top