Is Kavanaugh, The Supreme Court, Or The First Circuit Right About The Second Amendment?

[ProgSpear]

Is Kavanaugh, SCOTUS, Or First Circuit Right About 2nd Amendment?

Heller rejected the First Circuit’s notion that the right to bear arms should be balanced against government’s claimed interest in banning guns.

thefederalist.com

 

[@thewheels]

Grabbers care not for logical, well reasoned and historically accurate arguments.

It as simple as: We have them, They want them. Courts included.

 

[Saltwater60]

Wow that’s deep. It will be interesting to see what happens. The SC at some point will have to take this on and they should rule in our favor.

 

[ProgSpear]

Wow that’s deep. It will be interesting to see what happens. The SC at some point will have to take this on and they should rule in our favor.

Should the SCOTUS rule NOT in our favor, then I contend that under the Ninth Amendment we can ignore their ruling in order to retain the right expressed in the explicit wording of the 2nd amendment; "the right of the people to keep and bear Arms shall not be infringed."

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

 

[Blimey]

Instead, Miller cited the Tennessee Supreme Court’s decision in Aymette v. State (1840), that the Tennessee constitution protected the right to arms “usually employed in civilized warfare and that constitute the ordinary military equipment.” On that basis, Miller said the Second Amendment protects the right to arms that have a “reasonable relationship to the preservation or efficiency of a well regulated militia,” those that are “part of the ordinary military equipment,” and others the use of which “could contribute to the common defense.”

Given that militia is literally stated right in the verbiage it's got to be obvious that arms a militia would use are those in scope.

The fundamental issue here is that a growing percentage of the american people don't believe that civilians en masse (e.g. militia) should be able to threaten a professional military, even though that is how the war for independence was kicked off.

I have to think even an honest liberal would agree that the second actually does protect an M16. But since they disagree with the point of the 2nd they are perfectly happy to have bench-legislators bend it. And so that's in New York we cannot own a standard capacity magazine on a highly typical firearm that has been around for over 50 years.

 

[Bigfoot]

Informative article.

Afterwords I read the comment section. A lot of good comments in there.
Well except for one person in particular... Man, FUDDS piss me off!

- If you need a 100 round drum you need to get to the range more often. It only takes me one shot... Blah Blah Blah.

- Why don't you stop and buy a bazooka then... Blah Blah Blah.

- And the rest of the bullcrap that spews from their uninformed cock holsters...

If FUDDS did not need a gun to hunt deer, ducks, or whatever, they would probably be full on gun grabbers.



But I digress...

 

[Phauxtoe]

I don't care if Ruth BG lives or Dies, but she should NO longer be pretending to be doing her job on the Supreme Court, ITS A JOKE!

 

[Saltwater60]

All I have to say is look at Taiwan. They have rocks, slingshots, and bottles. We need arms. To think this won’t happen in the USA is naive. It can and it will happen at some point. We need to be able to fight and defend ourselves.

 

[Acer-m14]

All I have to say is look at Taiwan. They have rocks, slingshots, and bottles.

the latest i heard on hong kong they are shooting arrows now ...

IMHO all the courts got it wrong .. we should still be buying guns and ammo at the local hardware store ..
or change the 2A wording .. its so simple even a cave man can understand it ..

even he had a weapon ..

 

[Shadow2]

Tell the Fudds they don't need a gun, they can hunt with a bow

Man, FUDDS piss me off

 

[Bigfoot]

Tell the Fudds they don't need a gun, they can hunt with a bow

a FUDD probably would agree with a bow being banned if it was a black scary looking bow... LOL

They would be probably be fine with a law stating only 3 arrows in the quiver too.

 

[96coal449]

a black scary looking bow.

Hey, hey, hey! I have one ..... still your tongue!

 

[Bigfoot]

Tell the Fudds they don't need a gun, they can hunt with a bow

Shooting ducks out of the air with a bow would be impressive... LOL

I know a FUDD, I try and talk some sense into him... But it goes in one ear and right out of the other.

 

[Bigfoot]

Hey, hey, hey! I have one ..... still your tongue!

Mine has a camo pattern on it ... A few years ago I bought another bow.
I set it on the kitchen table and told the wife to meet the newest member of the family.

She said I like the camo on it... Don't set it on the ground you will never find it.
I wonder about her sometimes... LOL

 

[RDN]

I can't see how NY unSAFE act is still on the books. It is a totally arbitrary and whimsical law.
This law bans firearms based on ergonomic and utility features unrelated to public safety.

Example - The Ruger Mini-14 (original configuration) w/ a 10rd mag is ok in NYS
But an AR-15 that has a "pistol grip" (original configuration) is banned.
A Mossberg .22 autoloader is ok in NY. But a same .22lr w/ a pistol grip is "evil" in NYS.

NY unSAFE act even banned my Hi-Point 9mm carbine rifle.
Hi-Point created the carbine because of the US (1994) "Assault Weapon" ban.

Another arbitrary point of unSAFE is the 10rd limit in removable magazines. 10 round is fine, but 13 or 15rds is evil.

 

[96coal449]

NY unSAFE act is still on the books. It is a totally arbitrary and whimsical law

It's not law, ......it's really just an act.

Another arbitrary point of unSAFE is the 10rd limit in removable magazines. 10 round is fine, but 13 or 15rds is evil

Originally when it was supposed to be 7rnds and the passing of this act came into play after Sandy hook, I schooled my buddy quickly.
He said something to the effect of "I can understand the magazine limit....." I then interrupted him with "8 or more dead children is unacceptable but up to 7 is okay?"

That seed I planted took root and grew. He is no longer a fudd.

 

[Acer-m14]

Shooting ducks out of the air with a bow would be impressive... LOL