Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 5/4/2002 3:51:42 PM EDT
[url]www.keepandbeararms.com[/url]
On the Offensive: A Real Second Amendment Court Case Please answer the poll on the left side of this page. We'd like to know what kind of support we can expect on a clear-cut Second Amendment lawsuit -- an offensive lawsuit filed directly on behalf of all of our rights from sea to shining sea.
View Quote
Link Posted: 5/4/2002 4:20:20 PM EDT
Link Posted: 5/4/2002 4:22:38 PM EDT
[Last Edit: 5/4/2002 4:23:31 PM EDT by Blaze-Of-Glory]
I don't understand what kind of lawsuit they are talking about. A while back, I asked my lawyer friend: How can I get the Supreme Court to judge the Constitutional validity of the ban on modern machineguns? His answer: Get convicted of possession and appeal the case up to the Supreme Court. Is there any way, without first getting convicted, to get the Court to judge the ban?
Link Posted: 5/4/2002 4:34:40 PM EDT
I would give whatever I could, whenever I could. Probably result in several hundred over a period of time.. Even my AR15.com membership fund would go to it! [:p]
Link Posted: 5/4/2002 4:43:19 PM EDT
In US v. Miller, they ruled that the Second Amendment applied to weapons with a militia use. But then NFA'34 came out. If those same judges were here today, and ruled the same way, we would be able to buy M-16's, since they are the basic grunt weapon, and it would probably also cover M-60's and SAW's.
Link Posted: 5/4/2002 4:48:04 PM EDT
I would not support the 'military suitable' portion of that suit. Too much chance of that thing blowing up in our faces.
Link Posted: 5/4/2002 5:34:22 PM EDT
[Last Edit: 5/4/2002 5:35:19 PM EDT by Blaze-Of-Glory]
Originally Posted By 5subslr5: I would not support the 'military suitable' portion of that suit. Too much chance of that thing blowing up in our faces.
View Quote
To the contrary, if the Court deliberately ruled in disregard of the intended meaning of the Constitution, it would be their faces that I'd worry about.
Link Posted: 5/4/2002 6:17:43 PM EDT
How does one go about moving up the chain of courts to get to the supreme court? Is money the only factor? Say I get caught carrying my ar loaded around in my car and get tossed in the slammer for it. Can I appeal to a different court at any time? I'd guess not, so I'm wondering how they would go about forcing a case up to the supreme court. Can anyone explain? That said, if there actually were a case where the defense was arguing that gun laws are bunk because of the 2nd I think I'd be cutting a few $100 checks to the defense fund.
Link Posted: 5/4/2002 6:23:18 PM EDT
$100.00 or $1000.00 dollars in a lawyers pocket won't solve anything anymore in this country. Nobody really looks at the Constitution as something to be followed anymore, just like the Bible, which it was based on.
Link Posted: 5/4/2002 6:31:52 PM EDT
Link Posted: 5/4/2002 6:55:34 PM EDT
Originally Posted By VA-gunnut:
Originally Posted By Hydguy: In US v. Miller, they ruled that the Second Amendment applied to weapons with a militia use. But then NFA'34 came out. quote] The Miller case was due to the 34 law, the court ruled that the 34 NFA law banned the possession of a sawed off shotgun, and the court ruled that a sawed off shotgun didn't fall under a military style firearm which would of fallen under the militia exemption of the 2nd amendment.
View Quote
Almost. The court said [i]they had no evidence[/i] that a "shotgun having a barrel of less than eighteen inches" was related in any way to militia service. Nobody showed up to defend Miller's side of the argument. Which begs the question - had Miller been arrested for interstate transport of, say, an unregistered BAR, would the court have said the same thing? It would have been precisely the same charge.
Link Posted: 5/4/2002 7:21:24 PM EDT
Originally Posted By AlClenin: How does one go about moving up the chain of courts to get to the supreme court? Is money the only factor? Say I get caught carrying my ar loaded around in my car and get tossed in the slammer for it. Can I appeal to a different court at any time? I'd guess not, so I'm wondering how they would go about forcing a case up to the supreme court. Can anyone explain?
View Quote
It depends. If you are caught and charged in state court and subsequently thrown in jail, you would have to appeal your way up through the state court system first. Once you have gone as high up as you can go, you can file a writ of certiorary (sp?) with the US Sup Ct. Basically, it is asking the court to hear your case. Remember, you have to be appealing a federal (not state) right for them to hear you. If you were arrested and charged in federal court, you would go up through the federal system. District court to Circuit Ct. Again, you would have to file a writ of cert. to get up to the Sup. Ct. I know I have probably left some stuff out. Money isn't the only factor, though you would probably need a lot. The Sup. Ct. has a lot of discretion since they only hear a small fraction of cases that apply. It would be nice if a case would get up there since I think we have a court that would be favorable towards gun rights.
Link Posted: 5/4/2002 10:04:16 PM EDT
Top Top