Gun rights extended by Supreme Court

[Gaf The Horse With Tears]

Gun rights extended by Supreme Court

WASHINGTON -- The Supreme Court held Monday that Americans have the right to own a gun for self-defense anywhere they live, advancing a recent trend by the John Roberts-led bench to embrace gun rights.

By a 5-4 vote, the justices cast doubt on handgun bans in the Chicago area, but signaled that some limitations on the Constitution's "right to keep and bear arms" could survive legal challenges.

Justice Samuel Alito, writing for the court, said that the Second Amendment right "applies equally to the federal government and the states."

[WhiteLines]

I think this is a good thing... besides, disarming the nations citizens will only open up all new problems later on down the line. If they want it, they can pry my gun from my cold dead hand.

[Raev]

Good ruling. Finally, something that makes sense.

[Simon Bar Sinister]

I read in a different article that what the Supreme Court actually did here was send it back down to the lower court that made the ruling that led to the case being appealed to the SC; apparently, the SC wants the lower court to reconsider their ruling.

Anyway, people would do well to read Justice Alito's comments. The justices who voted in the majority are certainly not looking at this as a simple "yes/no to ownership" proposition.

In case you're wondering, I'd be pretty anti-gun if it weren't for the whole black market problem.

Edited June 28, 2010 by Simon Bar Sinister

[phee]

I read in a different article that what the Supreme Court actually did here was send it back down to the lower court that made the ruling that led to the case being appealed to the SC; apparently, the SC wants the lower court to reconsider their ruling.

Anyway, people would do well to read Justice Alito's comments. The justices who voted in the majority are certainly not looking at this as a simple "yes/no to ownership" proposition.

In case you're wondering, I'd be pretty anti-gun if it weren't for the whole black market problem.

Yep I am anti-gun in the LONG term.... short term however.... it is a problem....

[WhiteLines]

That is the biggest problem aint it, even if guns were totally illegal acrossed the board, criminals would still find a way to get them and honest law abiding citizens would be the ones without a firearm. even nowadays its against the law for felons to own hand guns ...but they still have em anyhow. black market arms would certainly F up the whole idea of a ban on handguns.

[phee]

That is the biggest problem aint it, even if guns were totally illegal acrossed the board, criminals would still find a way to get them and honest law abiding citizens would be the ones without a firearm. even nowadays its against the law for felons to own hand guns ...but they still have em anyhow. black market arms would certainly F up the whole idea of a ban on handguns.

Yeah.... some countries don't have the same issues.... but they started off a bit differently.... maybe.

[WhiteLines]

Indeed... after all America is a unique and sometimes paradoxical place isnt it...

[prick]

Yep, make it illegal and I can still get guns so consider that. pRicks with guns!

[Gaf The Horse With Tears]

Yeah.... some countries don't have the same issues.... but they started off a bit differently.... maybe.

Switzerland?

[Slogo]

Guns shouldn't be banned. If you take them...the only people getting rich off of them are the black market weapons dealers. Now there is one more instance where this is still used. Can anyone guess what it is?

[KatRN05]

I'm glad. I work downtown and our patient population is not the best...We get gang members all the time. A lot of their friends/family come in with weapons all the time. Our security is not the best. We don't even have a panic button if something happens. A few nurses have been robbed in the parking lot at gunpoint. Yeah, Krav Maga is great. It's taught me a lot but to me it's not enough and also taking into consideration what happened to my friend, I think need to protect myself more so I will be getting a gun permit soon.

[StormKnight (1)]

The two reasons I don't own a sidearm now:

1. Moving around makes it a logistical issue knowing the laws of the area I am going to.

2. I would really like to claim my Dad's sidearm (S&W 9mm 17+1 fixed sight,) but my younger brother has it.

[IsleofRhodesEnt]

*sigh* ...and here we go enabling every swinging dick to carry a lethal weapon.....great...thanks.

[WhiteLines]

*sigh* ...and here we go enabling every swinging dick to carry a lethal weapon.....great...thanks.

...you mean guns? because people were already able to carry them before... of course as far as leathal weapons go, i could make damned near anything i wanted to into a leathal weapon... or i could also just carry a copy of the movie "Leathal Weapon" starring Mel Gibson and Danny Glover... allthough i have never carried a weapon around by my dick, i guess i could also make it into a leathal weapon if the need were to arise.

People are going to continue killing each other for good or ill, whether there are guns to be had or not. It is a shame that man has always found more efficient means of killing, but these things are a pandora's box that once opened cant be undone... even if guns were total abolished i could still build a crude firearm from scrap junk. Just like problem of nuclear weapons, now that people know how to make them, they will make 'em and even if our country were to rid itself of these weapons - others would still have and seek to have these devastating devices of war. The big thing is that in a world with so many leathal killing machines about the place, we as individuals have to practice some common sense in the ownership of such devices... personally i dont even keep my guns here with me, they are safely stored a few hundred miles south of here... besides if i were to need a leathal weapon it doesnt have to be a gun, like i mentioned... anything can become a leathal weapon in hands of someone with the intent to do damage. The moral, i guess is that guns are out there, but knowing their capability, those who have guns or should show restraint and common sense, a gun isnt a thing to be taken lightly and should certainly be a last resort. Life isnt cheap and the gun's ability to dispose of life in such an instant way is something very serious, guns should be treated with equal seriousness not brandished about like a toy by bruts and gangbanga's who would use it for dishonest purposes but it should be handled with respect and an understanding for its serious nature.

Guns have been with us for hundreds of years now and they arent going away any time soon, and so we must live alongside this technology in an intelligent way and not be led by temptation to use it for the wrong reasons.

...guns dont kill people, stupid people with guns do

ok my rant is over, sorry everyone.

[Rev.Reverence]

...you mean guns? because people were already able to carry them before... of course as far as leathal weapons go, i could make damned near anything i wanted to into a leathal weapon... or i could also just carry a copy of the movie "Leathal Weapon" starring Mel Gibson and Danny Glover... allthough i have never carried a weapon around by my dick, i guess i could also make it into a leathal weapon if the need were to arise.

People are going to continue killing each other for good or ill, whether there are guns to be had or not. It is a shame that man has always found more efficient means of killing, but these things are a pandora's box that once opened cant be undone... even if guns were total abolished i could still build a crude firearm from scrap junk. Just like problem of nuclear weapons, now that people know how to make them, they will make 'em and even if our country were to rid itself of these weapons - others would still have and seek to have these devastating devices of war. The big thing is that in a world with so many leathal killing machines about the place, we as individuals have to practice some common sense in the ownership of such devices... personally i dont even keep my guns here with me, they are safely stored a few hundred miles south of here... besides if i were to need a leathal weapon it doesnt have to be a gun, like i mentioned... anything can become a leathal weapon in hands of someone with the intent to do damage. The moral, i guess is that guns are out there, but knowing their capability, those who have guns or should show restraint and common sense, a gun isnt a thing to be taken lightly and should certainly be a last resort. Life isnt cheap and the gun's ability to dispose of life in such an instant way is something very serious, guns should be treated with equal seriousness not brandished about like a toy by bruts and gangbanga's who would use it for dishonest purposes but it should be handled with respect and an understanding for its serious nature.

Guns have been with us for hundreds of years now and they arent going away any time soon, and so we must live alongside this technology in an intelligent way and not be led by temptation to use it for the wrong reasons.

...guns dont kill people, stupid people with guns do

ok my rant is over, sorry everyone.

I...loved the rant...thanx for the rant!~

I don't even know how to USE a pistol, or a rifle...(technically)...

..but, I know 5 ways to kill a human, with me fingers...

[n0Mad]

This isn't even a guns issue. Love them or hate them, it's irrelevant. This case is about how Constitutional Law applies to the States and local communities. Does the Constitution and its Bill of Rights, the supreme law of our country, apply only to the Federal Government, or all governments within the country as well, i.e. States, Cities, et. al.? Five Justices on the Supreme Court say that yes, the Constitution is broad based and everybody within the US must follow the framework set up by Constitutional law. Four Justices, on the other hand, state that no, cities, states, and smaller governing bodies can choose to ignore parts of the Constitution they don't like. I, for one, am glad of the majority decision on this case.

Why? Let's look at some of the other amendments in the Bill of Rights ...

#1, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

If the minority opinion got their way, they could say this only applies to Congress. The City of Detroit could legally say that all who live within must be an Islamic Fundamentalist and if you choose not to follow that religion, then you can be banished from the city or worse. Furthermore, the Detroit News and the Detroit Free Press can only print which articles the government allows and only with wording the government approves. Oh, and internet access? Not in this city.

#3, "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."

Four Supreme Court Justices feel that if community safety is of paramount importance, then a city could state that every household would have to make room for a National Guard member to move in. That police officer knocking on your door right now? You have to let him in, feed him, give him a bed to sleep in, a shower to use, clothes to wear, etc. And no, you will not get reimbursed for this. The Constitution does not apply to your city so you'll just have to deal with this minor inconvenience for the good of the rest of the city.

#4, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Well, no knock warrants are already a reality so I guess the viewpoint of the minority Justices is already somewhat of a reality. Good thing there are still five Justices who may be able to keep us secure if things get worse and matters go to court.

#5, "No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

#6, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."

#7, "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law."

#8, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Well, this is only federal crimes, right? If your city says no parking on the street after dark under penalty of death, then a cop can just shoot you right on the spot if he sees you parking at night. Right? Seems excessive, doesn't it? But who cares? No trial necessary because the Constitution does not apply in this case. Or so four SCOTUS Justices would say.

I could go on all night, but I'm sure you get my point. This case was not about guns. Gun law just happened to be the catalyst that brought this case to SCOTUS. This case is really about our freedom and liberty. I am glad at least five justices have their heads screwed on straight. Yes, the Constitution applies to Federal Government, State Government, County Government, City Government ... all the way down to you and me.

[WhiteLines]

The very scary thing is that it was only a 5 to 4 decission, 5 TO 4! thats too close for comfort when it comes down to something this vital to all of our freedoms as before mentioned, its practically the edge of the razor and if the balance had been tipped the other way, we could have all ended up getting badly cut. 5/4 is a frighteningly close balance between upholding the constitution, or on the other hand, making an opening for very dangerous changes within the nation. And as fore mentioned, the gun issue itself can be a catalyst here and most people arent looking at broader possible applications that these types of changes could have opened up, they are just thinking guns = good or guns = bad :( ...Agreed, it is a damned good thing at least the slim majority had there head screwed on correctly, that was a darn good point.

[IsleofRhodesEnt]

...you mean guns? because people were already able to carry them before... of course as far as leathal weapons go, i could make damned near anything i wanted to into a leathal weapon... or i could also just carry a copy of the movie "Leathal Weapon" starring Mel Gibson and Danny Glover... allthough i have never carried a weapon around by my dick, i guess i could also make it into a leathal weapon if the need were to arise.

People are going to continue killing each other for good or ill, whether there are guns to be had or not. It is a shame that man has always found more efficient means of killing, but these things are a pandora's box that once opened cant be undone... even if guns were total abolished i could still build a crude firearm from scrap junk. Just like problem of nuclear weapons, now that people know how to make them, they will make 'em and even if our country were to rid itself of these weapons - others would still have and seek to have these devastating devices of war. The big thing is that in a world with so many leathal killing machines about the place, we as individuals have to practice some common sense in the ownership of such devices... personally i dont even keep my guns here with me, they are safely stored a few hundred miles south of here... besides if i were to need a leathal weapon it doesnt have to be a gun, like i mentioned... anything can become a leathal weapon in hands of someone with the intent to do damage. The moral, i guess is that guns are out there, but knowing their capability, those who have guns or should show restraint and common sense, a gun isnt a thing to be taken lightly and should certainly be a last resort. Life isnt cheap and the gun's ability to dispose of life in such an instant way is something very serious, guns should be treated with equal seriousness not brandished about like a toy by bruts and gangbanga's who would use it for dishonest purposes but it should be handled with respect and an understanding for its serious nature.

Guns have been with us for hundreds of years now and they arent going away any time soon, and so we must live alongside this technology in an intelligent way and not be led by temptation to use it for the wrong reasons.

...guns dont kill people, stupid people with guns do

ok my rant is over, sorry everyone.

First, go watch "No Country for Old Men" and you'll understand the referance to "swinging dick"...hopefully.

Secondly, while you COULD build a firearm from scrap metal, the question is WOULD you? Would most of America bother to have a fire-arm in their homes if they had to assemble them from scratch?

Fast food was technically developed as a "last resort", as in you don't feel like cooking, or are on the road, etc...but now, Fast food is just a part of our life...and look what it's done, despite my personal stand that "hey jackass, no one put a gun to your head to make you eat 4 $1 menu burgers in one sitting". Fast food is not a healthy way to live, and enabling people to own guns easier isn't an healthy way to live either. You think all those child-related gun based accidental deaths would have happened if their parents didn't have the gun in the first place?

Introduce a violent product into a household and violence/violent ideals will prosper.

[WhiteLines]

First, go watch "No Country for Old Men" and you'll understand the referance to "swinging dick"...hopefully.

Secondly, while you COULD build a firearm from scrap metal, the question is WOULD you? Would most of America bother to have a fire-arm in their homes if they had to assemble them from scratch?

Fast food was technically developed as a "last resort", as in you don't feel like cooking, or are on the road, etc...but now, Fast food is just a part of our life...and look what it's done, despite my personal stand that "hey jackass, no one put a gun to your head to make you eat 4 $1 menu burgers in one sitting". Fast food is not a healthy way to live, and enabling people to own guns easier isn't an healthy way to live either. You think all those child-related gun based accidental deaths would have happened if their parents didn't have the gun in the first place?

Introduce a violent product into a household and violence/violent ideals will prosper.

I dont believe it is the product itself that breeds violent ideals, but it is violence itself. If you live in an enviroment where you are subjected to violent acts and violent nature (whether it involves a gun or not) then you will learn that violence and be more likely to engage in it, whether you engage in violence using a gun, a knife, or a happy meal toy. Being in an enviroment where there is a gun simply will not make you violent, you could just as easily grow to have a fear of and/or respect for guns and go on even to have no desire to be around them at all. You are correct though about the fact that it will increase the likelyhood of a gun accident when not stored properly, and when members of that household do not have a clear understanding and respect for how dangerous a thing it is. (as i had mentioned, a firearm is nothing to be taken lightly) However there are many things in american homes that can cause similar child deaths, from poison chemicals to chainsaws, and even electrical outlets... children will often be curious about the mystique of dangerous things and when parents themselves are not responsible in the storage of these things, educating children of their dangers, and most importantly actually supervising their children, then accidents will occur and that is something quite sad but something that is more the fault of the gun owner than the gun itself (or the owner of the chainsaw)

As for the fast food, should it be taken away because some people cannot handle having that temptation in their life? Surely this is not a good reason to deprive everyone of it. And what of automobiles which cause far more fatalities. I cannot deny that far too many people want to brandish their guns with ignorance, but an intelligent gun owner should not be deprived due to the stupidity of another gun owner. It comes down to individuals and just like opinions differ so do peoples actions. Nothing is ever absolutely one way or another... every household with a gun will not produce violent little psychos, just like every family that eats fast food will have a 400 pound patient needing a triple bypass- it comes down to choices made by the individual and that is why we must strive to make sensible choices and encourage others as well. After all not everyone in the world has the common sense and will power that you or i may have (well, maybe not me so much) But the thing i'm trying to say is violence, gluttony, greed and so forth have been around since long before we had technology to aid in their pursuit and theyll always be around, with or without guns, mcdonalds, and chainsaws... but we as individuals should look to make the right decissions involving the base instincts that are involved. case in point, look at crimes of passion... in the heat of the moment a person doesnt go upstairs and get their gun because the gun is clean and easy to use, no... in a fit of animal anger and adrenaline they pick up the nearest blunt object and repeatedly pound their opponent into a sloppy joe. If someone becomes overwhelmed with their primative aggression, a weapon can be found in the most unlikely places.

And as for americans building scrap guns... well i've handled some nicely made fully automatic rifles the irish republican army once made from plumbing pipes and spare bits. If theres a need or desire, there are many that could and would take the time to make it. not every american is a lazy drooling couch potato and where theres a will theres a way.

Sorry i believe i might have lost my train of thought somewhere around the middle of that, anyways i certainly mean no disrespect and hope it doest come acrossed that way, tho your opinion may differ from my own its still valuable. after all the spice of life is individual freedom of thought and beleif, as well as the exchange of ideas.

Well, thats my rant and i'm stickin to it.

[Epic_Fail_Guy]

*sigh* ...and here we go enabling every swinging dick to carry a lethal weapon.....great...thanks.

Either you are ignorant of the laws that have been in place or are trolling. But a few years back they lightened the laws to let people have fully automatic weapons. Regular Joes, like you and me.

Personally, most find me liberal in my points of view but I'm ALL FOR HAVING GUNS. Some jerkoff wants to try to rob someone/something? Hey cool let him, because now every jerkoff has a gun and can point it at him and say, stay right hte fuck there until the cops come. If firefights increase, hey fine cool, let all the stupid asses kill eachother off at a quicker pace. Guns don't kill people Isle, people kill people.

[Gaf The Horse With Tears]

Either you are ignorant of the laws that have been in place or are trolling. But a few years back they lightened the laws to let people have fully automatic weapons. Regular Joes, like you and me.

Excuse me? I'm pretty sure you are dead wrong about automatic weapons. As far as I know, it takes a Class 3 collectors lic. to own an automatic weapon and that my friend, is not something just anyone can get.

[phee]

Either you are ignorant of the laws that have been in place or are trolling. But a few years back they lightened the laws to let people have fully automatic weapons. Regular Joes, like you and me.

Personally, most find me liberal in my points of view but I'm ALL FOR HAVING GUNS. Some jerkoff wants to try to rob someone/something? Hey cool let him, because now every jerkoff has a gun and can point it at him and say, stay right hte fuck there until the cops come. If firefights increase, hey fine cool, let all the stupid asses kill eachother off at a quicker pace. Guns don't kill people Isle, people kill people.

I for the most part agree....

With a couple of exceptions....

One: Firefights don't only kill the people who are shooting at each other... innocent people are killed at a faster rate also by the stupid asses....

Two: Guns don't kill people, people kill people... (this is true) BUT guns make it a lot easier and less personal of an act to do so... I have not heard of a drive by knifing in quite some time.

[Rev.Reverence]

Either you are ignorant of the laws that have been in place or are trolling. But a few years back they lightened the laws to let people have fully automatic weapons. Regular Joes, like you and me.

Personally, most find me liberal in my points of view but I'm ALL FOR HAVING GUNS. Some jerkoff wants to try to rob someone/something? Hey cool let him, because now every jerkoff has a gun and can point it at him and say, stay right hte fuck there until the cops come. If firefights increase, hey fine cool, let all the stupid asses kill eachother off at a quicker pace. Guns don't kill people Isle, people kill people.

Don't feed the trolls please...

I for the most part agree....

With a couple of exceptions....

One: Firefights don't only kill the people who are shooting at each other... innocent people are killed at a faster rate also by the stupid asses....

Two: Guns don't kill people, people kill people... (this is true) BUT guns make it a lot easier and less personal of an act to do so... I have not heard of a drive by knifing in quite some time.

UM...drive by knifings, are generally 'walk by', & they calls it a "SHANKING" AND THEY DO HAPPEN!

[phee]

Don't feed the trolls please...

UM...drive by knifings, are generally 'walk by', & they calls it a "SHANKING" AND THEY DO HAPPEN!

If they are 'walk by' then they are not 'drive by' as I was describing.