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Posted: 12/10/2001 5:06:51 PM EDT
[#1]
Quoted: 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? Seriously I doubt that the SCOTUS will hear arguments on this. I would think they will continue to sidestep this most elusive of Amendments. |
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Posted: 12/10/2001 5:07:39 PM EDT
[#2]
if they dont hear it I will lose any and all respect for the justices of the supreme court
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Posted: 12/10/2001 5:24:56 PM EDT
[#3]
I read about this on the op of the AR15.com home page. I would be a huge screw up if the SCOTUS does not write an opinion on the second. I can't see them sidestepping this one, too many people and pro-gun organizations are behind this so far. It would not go over too well if they did not address the issue of the second ammendment properly. There would be a lot of questions asked, but who knows what they will really do when the time comes. The Emerson case is probably one of the best chances we have of getting our issue heard at the Supreme Court level and I know that I for one, will anxiously be waiting to hear thier opinions on this if they take it on.
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Posted: 12/10/2001 5:44:06 PM EDT
[#4]
Quoted: I read about this on the op of the AR15.com home page. I would be a huge screw up if the SCOTUS does not write an opinion on the second. I can't see them sidestepping this one, too many people and pro-gun organizations are behind this so far. It would not go over too well if they did not address the issue of the second ammendment properly. There would be a lot of questions asked, but who knows what they will really do when the time comes. The Emerson case is probably one of the best chances we have of getting our issue heard at the Supreme Court level and I know that I for one, will anxiously be waiting to hear thier opinions on this if they take it on. IIRC from what I heard last year after the election it takes at least 4 Justices voting to hear a case. Party affiliation is no indicator that the Republican Justices will align themsleves with RKBA and without at least 4 votes they can basically sidestep the issue without so much as even an explanation. If they were to hear it I would submit that they would rule that the Second Amendment is indeed an individual right but that does not mean it is not subject to regulation at the Local, state and Federal level. As much as I would like them to rule that the Second is an absolute right, I understand how the system works. There is no way they will rule the Second is absolute. None Nadda Zip Zero Zilch |
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Posted: 12/10/2001 6:00:41 PM EDT
[#5]
Quoted: If they were to hear it I would submit that they would rule that the Second Amendment is indeed an individual right but that does not mean it is not subject to regulation at the Local, state and Federal level. As much as I would like them to rule that the Second is an absolute right, I understand how the system works. There is no way they will rule the Second is absolute. None Nadda Zip Zero Zilch I agree with you 100% Maynard. Couldn't have said it better myself. |
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Posted: 12/10/2001 6:15:33 PM EDT
[#6]
Quoted: Quoted: If they were to hear it I would submit that they would rule that the Second Amendment is indeed an individual right but that does not mean it is not subject to regulation at the Local, state and Federal level. As much as I would like them to rule that the Second is an absolute right, I understand how the system works. There is no way they will rule the Second is absolute. None Nadda Zip Zero Zilch I agree with you 100% Maynard. Couldn't have said it better myself. Thank you. It is an unfortunate set of cirsumstances that we are faced with but we are not on the same said as those who control the media. We really don't have much of a voice and the Liberal Left is preaching their rhetoric on a nightly basis. We are losing the PR game on every level and for the most part Mr. and Mrs Average America could not care less if we have to pay $125 for a Pre-ban Glock 20 mag. They don't know pre-ban from their ass. I wish I had a solution to offer but I really don't know what to say to try and turn the tide. Republican politicians sell us out very chance they get and we can't seem to get behind any other party so they take us for granted. Grim testimonial for certain. I felt a bit of hope after Bush and Ashcroft took office but I think I was just being naive. |
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Posted: 12/10/2001 11:28:31 PM EDT
[#7]
Didn't the SC just recently refuse to hear the case regarding the overturning of the NJ "assault weapon" ban?
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Posted: 12/11/2001 12:54:23 AM EDT
[#8]
You dont watch much TV do you Maynard. If you did you would realise that we are winning the PR war by a bunch.
The Supreme court will hear the case and they wont declare the 2nd "absolute"- what ever the hell that means. They will instead afferm the ruling of the 5th Circut Court. The state CAN via due process suspend or revoke the individuals right to bear arms just like they can revoke your freedom (imprisonment and the draft) and take your life (death penalty). They will rule that the federal blanket law on prohibiting someone under restraining order to posses firearms violated Emersons right to due process. This WILL extend the 2nd to the States via the 14th Amendment... The most important result of this will not be to "Assault rifle" laws in various states, but to the Concealed Carry Laws. It would give a very good foundations for lawsuits involving the arbatrary denial of CCW permits and the denial of reciprocity between the states, also the virtual firearms bans in NYC, DC, and Cook County would be vulnerable. Once this happens the anti-gun legislation will tumble like a house of cards. Once people in these locations can buy guns again legally they will discover they are NOT evil, their ignorance will be swept away and they States will rectify their own laws via their legislatures. If the Republicans gain seats in the Congress this year, and the war is over by then, you might see Ashcroft and the Justice Department sue some of the states you want for interfering with the Militia with their restrictive laws. But that is a ways down the road and it is dependant on a lot of variables, and ultimately it might not even be needed. I KNOW we have three justices who want to hear this case, Rhenquest, Thomas and Scalia. The question is who the fourth might be. |
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Posted: 12/11/2001 1:00:07 AM EDT
[#9]
Quoted: Didn't the SC just recently refuse to hear the case regarding the overturning of the NJ "assault weapon" ban? Yes, but if I recall correctly, that case was based on the commerce clause, not the 2nd Ammendment. |
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