Fight the U.N. Gun Ban

oralloy wrote:

OmSigDAVID wrote:

oralloy wrote:

This is a good sign for our gun rights on a federal level, but Scalia has long been a big opponent of extending our gun rights to state and local governments. I hope he doesn't write the opinion in a manner that undercuts any attempt to get the Second Amendment incorporated in the Fourteenth Amendment.

The question of incorporation is not before the Court.

Yet.

Chicago is next.

I just hope that Scalia doesn't write the ruling in a manner that undercuts incorporation when we sue Chicago.

I believe that is extremely unlikely.
How reliable is the rumor that HE will write it ?

SCOTUS BLOG thinks that Kennedy will write it.

Quote:

HOWEVER,
if the USSC finds that every citizen has the right to KABA
and that this is a FUNDAMENTAL RIGHT, then that will apply
to curtail the state governments.

The court has no reason to rule in such a broad manner since they can deal with the issue as a federally controlled area. Kennedy isn't about to sign unto a ruling that makes such a broad assessment. The ruling, no matter which way it goes will be restricted and not address "fundamental rights" of KABA.

parados wrote:

Quote:

HOWEVER,
if the USSC finds that every citizen has the right to KABA
and that this is a FUNDAMENTAL RIGHT, then that will apply
to curtail the state governments.

The court has no reason to rule in such a broad manner since they can deal with the issue as a federally controlled area. Kennedy isn't about to sign unto a ruling that makes such a broad assessment. The ruling, no matter which way it goes will be restricted and not address "fundamental rights" of KABA.

I can see that they aren't going to go for Fourteenth Amendment incorporation this round,
but they are almost certainly going to address the question of fundamental rights on a federal level.

I'm just concerned that Scalia will write the ruling in a way that undercuts the lawsuit against Chicago.

OmSigDAVID wrote:

oralloy wrote:

OmSigDAVID wrote:

oralloy wrote:

This is a good sign for our gun rights on a federal level, but Scalia has long been a big opponent of extending our gun rights to state and local governments. I hope he doesn't write the opinion in a manner that undercuts any attempt to get the Second Amendment incorporated in the Fourteenth Amendment.

The question of incorporation is not before the Court.

Yet.

Chicago is next.

I just hope that Scalia doesn't write the ruling in a manner that undercuts incorporation when we sue Chicago.

I believe that is extremely unlikely.
How reliable is the rumor that HE will write it ?

I wouldn't say it was a definite guarantee. But I'd say pretty reliable.

OmSigDAVID wrote:

SCOTUS BLOG thinks that Kennedy will write it.

Not anymore.

Has Justice Scalia said something that indicates antipathy to applying the Second Amendment to limit state government jd ?

OmSigDAVID wrote:

Has Justice Scalia said something that indicates antipathy
to applying the Second Amendment to limit state government jd ?

Yes. At the time though he was considering the Second Amendment
as only having the militia-related right,
and was not addressing the personal defense right.

He has said unambiguously that the militia-related right is federal-only.

"plaintiffs include Chicago residents Otis McDonald, a retiree who has been working with police to rid his neighborhood of drug dealers, and who wants to have a handgun at his home; Adam Orlov, a former Evanston police officer; software engineer David Lawson and his wife, Colleen, a hypnotherapist, whose home has been targeted by burglars. Attorney Alan Gura, who argued the District of Columbia challenge before the high court, and Chicago area attorney David G. Sigale, represent the plaintiffs.

"Our goal," Gura said "is to require state and local officials to respect our Second Amendment right to keep and bear arms. Chicago's handgun ban, and some of its gun registration requirements, are clearly unconstitutional.""

Licence applicants may be required to provide a good reason, justifying why they need to possess a firearm. Legislation may prescribe the circumstances under which possession of a firearm may be justified.

If ‘personal protection’ is permitted as a good reason, applicants should prove to the police that they are in genuine danger that could be avoided by being armed.

The judges were extremely favorable towards the idea of applying the Second Amendment to state and local governments.

Yes, good news indeed.