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Old 07-02-2010, 11:55 AM
 
1,503 posts, read 1,156,294 times
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Quote:
Originally Posted by HistorianDude View Post
So... you want to help us find a nugget or two of gold in that bucket of mud?

Are you trying to make a point? Or just waste bandwidth?
No when caught in a lie, the RW tries obfuscation as the second line of defense.
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Old 07-02-2010, 12:10 PM
 
1,503 posts, read 1,156,294 times
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Quote:
Originally Posted by arctichomesteader View Post
Mud? Scalia decimated all the arguments the gun control supporters are making against carrying arms outside one's home. And I bolded a summary of it at the end.

I don't see how anyone who claims to know anything on the subject could have missed that lengthy, detailed analysis of the meaning "bear arms" has, but evidently some have, or else they wouldn't be arguing carry outside one's home is not a right.
Another lie. Scalia's ruling is specific, Heller has a right to carry a pistol in his house. This is all the Court ordered,

Quote:
Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home.
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Old 07-02-2010, 12:12 PM
 
Location: Long Beach
2,347 posts, read 2,784,819 times
Reputation: 931
thats because guns kill people, plus with the intentions of the idiots behind the trigger. Strict gun laws DO NOT inhibit gun ownership-you can still own the thing, they just mandate how you own it.
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Old 07-02-2010, 12:19 PM
 
Location: The Woods
18,358 posts, read 26,495,840 times
Reputation: 11351
Quote:
Originally Posted by rhinestone View Post
Another lie. Scalia's ruling is specific, Heller has a right to carry a pistol in his house. This is all the Court ordered,
I already said that, because that was the issue before them. But their analysis of the amendment makes it very clear banning carry outside the home is unconstitutional as well contrary to what you assert.
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Old 07-02-2010, 12:30 PM
 
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Quote:
Originally Posted by arctichomesteader View Post
I already said that, because that was the issue before them. But their analysis of the amendment makes it very clear banning carry outside the home is unconstitutional as well contrary to what you assert.
They made no such ruling and they could have. You lose.
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Old 07-02-2010, 12:34 PM
 
Location: Long Island
57,288 posts, read 26,206,502 times
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Quote:
Originally Posted by arctichomesteader View Post
He did not say "for example," he said the following:

"Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."

The court may only rule on the issue before them, but they made it clear "to keep and bear" includes the right to carry outside one's home. They will rule on that when that's the issue brought before them, but that will be a losing battle for the gun grabbers.

You are quoting from Alito's opinion not the concurrence of all the justices. They may or may not agree with his, the same holds true for the minority. This will now go to the lower courts and the handgun law will be overturned, beyond that anything is just speculation. There is no indication that they recognize the right to carry outside ones home.

The only thing that is clear out of this is that the current law will go to the lower court and most likely be removed.

Meanwhile little is being done to address the crime issue.
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Old 07-02-2010, 12:49 PM
 
Location: The Woods
18,358 posts, read 26,495,840 times
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Quote:
Originally Posted by Goodnight View Post
You are quoting from Alito's opinion not the concurrence of all the justices. They may or may not agree with his, the same holds true for the minority. This will now go to the lower courts and the handgun law will be overturned, beyond that anything is just speculation. There is no indication that they recognize the right to carry outside ones home.

The only thing that is clear out of this is that the current law will go to the lower court and most likely be removed.

Meanwhile little is being done to address the crime issue.
That was a quote from Heller not McDonald.

The portion I quoted above makes it very clear they do support the right to carry outside one's home, but it was outside the scope of these cases. Besides that, no fundamental right (i.e., speech, religion, etc.), is limited to the home.
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Old 07-02-2010, 12:51 PM
 
Location: The Woods
18,358 posts, read 26,495,840 times
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Quote:
Originally Posted by rhinestone View Post
They made no such ruling and they could have. You lose.
No, they could not make such a ruling because the only issues at hand were the handgun ban and trigger lock/disassembly rules. However, they did address it in the dicta, which will guide lower courts, and gives a preview of what they will rule if that is brought to them.
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Old 07-02-2010, 01:22 PM
 
1,503 posts, read 1,156,294 times
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Quote:
Originally Posted by arctichomesteader View Post
No, they could not make such a ruling because the only issues at hand were the handgun ban and trigger lock/disassembly rules. However, they did address it in the dicta, which will guide lower courts, and gives a preview of what they will rule if that is brought to them.
Nonsense the ruling could have been as simple as,

Quote:
Originally Posted by alternate ruling
Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry.
The Court chose to limit its ruling to licensed to carry in the home.
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Old 07-02-2010, 02:22 PM
 
Location: Long Island
57,288 posts, read 26,206,502 times
Reputation: 15645
Quote:
Originally Posted by arctichomesteader View Post
That was a quote from Heller not McDonald.

The portion I quoted above makes it very clear they do support the right to carry outside one's home, but it was outside the scope of these cases. Besides that, no fundamental right (i.e., speech, religion, etc.), is limited to the home.
You left out the next sentence in the Heller Decision:
[SIZE=3][SIZE=3]
[/SIZE]
[/SIZE]
[LEFT]"We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those “in common use at the time.” 307 U. S., at 179."

It goes onto list examples of possible restriction for mentally ill, schools, etc but does not provide any limits.


Also

"Thus, we do not read the Second Amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the First Amendment to protect the right of citizens to speak for any purpose."
[/LEFT]
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