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Old 09-30-2009, 05:47 PM   #1
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Exclamation Here we go.... Supreme Court considering to ban handguns...

Here we go.... Supreme Court considering ban ON handguns...

WASHINGTON – The Supreme Court says it will take up a challenge to Chicago's ban on handguns, opening the way for a ruling that could set off a vigorous new campaign to roll back state and local gun controls across the nation.

Victory for gun-rights proponents in the Chicago case is considered likely, even by supporters of gun control, in the latest battle in the nation's long and often bitter dispute over the Second Amendment right to keep and bear arms. A ruling against the city's outright ban could lead to legal challenges to less-restrictive laws across the country that limit who can own guns, whether firearms must be registered and how they should be stored.

The case is to be argued early next year.

Last year, the justices struck down a prohibition on handguns in the District of Columbia, a city with unique federal status, as a violation of the Second Amendment. Now the court will decide whether that ruling should apply to local and state laws as well.

The court has previously said that most, but not all, rights laid out in the Constitution's Bill of Rights serve as checks on state as well as federal restrictions. Separately, 44 state constitutions already enshrine gun rights.

Though faced with potential limits from the high court on their ability to enact laws and regulations in this area, 34 states weighed in on the gun- rights side before the justices agreed to take the case Wednesday, an indication of the enduring strength of the National Rifle Association and its allies.

The gun case was among several the court added to its docket for the term that begins Monday. Others include:

• A challenge to part of a law that makes it a crime to provide financial and other aid to any group designated a terrorist organization.

• A dispute over when new, harsher penalties can be given to sex offenders who don't register with state sex offender databases.

• Whether to throw out a human rights lawsuit against a former prime minister of Somalia who is accused of overseeing killings and other atrocities. The issue is whether a federal law gives the former official, Mohamed Ali Samantar, immunity from lawsuits in U.S. courts.

In the gun case, outright handgun bans appear to be limited to Chicago and suburban Oak Park, Ill. But a ruling against those ordinances probably would "open up all the gun regulations in the country to constitutional scrutiny, of which there are quite a few," said Mark Tushnet, a Harvard Law School professor whose recent book "Out of Range" explores the often bitter national debate over guns.

Already, Alan Gura, who led the legal challenge to the Washington law and represents the plaintiff in Chicago, is suing to overturn the District of Columbia's prohibition on carrying firearms outside a person's home. Illinois and Wisconsin have similar restrictions.

In voiding Washington's handgun ban last year, Justice Antonin Scalia suggested that gun rights, like the right to speech, are limited and that many gun control measures could remain in place.

Ultimately, said Tushnet, the court will have to decide, possibly restriction by restriction, which limits are reasonable.

"It's very hard to know where this court would draw the line between reasonable and unreasonable," he said.

NRA Executive Vice President Wayne LaPierre said he hopes the court rules that "core fundamental freedoms like speech, religion and, we believe, the right to keep and bear arms are intended to apply to every individual in the country."

Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, said the court's decision to take up the new case was unsurprising in light of last year's ruling.

These cases should "take the extremes off the table," Helmke said, referring to bans on guns and unlimited gun rights. "What's critical for us is how the court goes about fleshing out what the limits are."

Mayor Michael Bloomberg of New York, which under state law requires handgun permits and a safety course, said he hopes the court brings clarity to gun laws. "My hope is that they will decide that reasonable restrictions, which I think is the way most reasonable people in this country think, are appropriate," Bloomberg said.

The 7th U.S. Circuit Court of Appeals in Chicago had upheld the gun bans as legitimate expressions of local and state rights.

Judge Frank Easterbrook, an appointee of President Ronald Reagan, wrote in the ruling that "the Constitution establishes a federal republic where local differences are to be cherished as elements of liberty rather than extirpated in order to produce a single, nationally applicable rule."

"Federalism is an older and more deeply rooted tradition than is a right to carry any particular kind of weapon," Easterbrook wrote.

Evaluating arguments over the extension of the Second Amendment is a job "for the justices rather than a court of appeals," he said.

Justice Sonia Sotomayor, then an appeals court judge, was part of a three-judge panel in New York that reached a similar conclusion in January.

The high court took the suggestion Wednesday.

Judges on both courts — Republican nominees in Chicago and Democratic nominees in New York — said only the Supreme Court could decide whether to extend last year's ruling throughout the country.

The New York ruling also has been challenged, but the court did not act on it Wednesday. Sotomayor would have to sit out any case involving decisions she was part of on the appeals court. Although the issue is the same in the Chicago case, there is no ethical bar to her participation in its consideration by the Supreme Court.

She replaced Justice David Souter, who dissented in the 5-4 Washington case, so the five-justice majority remains intact.

Several Republican senators cited the Sotomayor gun ruling, as well as her reticence on the topic at her confirmation hearing, in explaining their decision to oppose her confirmation to the high court.

The case is McDonald v. Chicago, 08-1521.
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Old 09-30-2009, 05:55 PM   #2
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I don't read this as the Supreme Court considering to ban handguns. It just sounds to me like the people in Chicago and D.C. that lost in their cases to ban handguns in their areas, just want to challenge the decision.

The same 5 justices that voted IN FAVOR of the 2nd Amendment are still on the bench...
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Old 09-30-2009, 05:56 PM   #3
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Here we go.... Supreme Court considering ban ON handguns...


Did you even read your own post? It is the exact opposite you rocket wiz. They arent banning handguns, they are challenging a previous ruling.
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Old 09-30-2009, 06:54 PM   #4
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Actually, it's all about challenging the gun ban In Chicago; DC pricks already had to remove their unconstitutional gun ban.

No matter how you look at it, it's wrong to to deny honest citizens their most basic right of self defense; especially in Chicago, a city with one of the highest violent crime rates in the nation. Despite having a strict gun ban in their city, eighty percent of Chicago's 510 murders in 2008 were committed with guns; this only reiterates the fact that the only people gun bans are effective against, are law abiding citizens.

It is obvious that their Law Enforcement is not capable of providing them with personal safety and it is ridiculous to deny them the right to defend themselves in their own homes. It's past time to remove all the "Feel Good" hippies from political office and replace them with real citizens with common sense.
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Old 09-30-2009, 07:42 PM   #5
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What I find extremely disturbing is that something like this actually happens:

" The 7th U.S. Circuit Court of Appeals in Chicago had upheld the gun bans as legitimate expressions of local and state rights.

Judge Frank Easterbrook, an appointee of President Ronald Reagan, wrote in the ruling that "the Constitution establishes a federal republic where local differences are to be cherished as elements of liberty rather than extirpated in order to produce a single, nationally applicable rule."


when in the U.S. Constitution it clearly states that:

Amendment 10 - Powers of the States and People. Ratified 12/15/1791.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

and

Amendment 14 - Citizenship Rights. Ratified 7/9/1868.

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.

The U.S. Constitution applies to ALL U.S. Citizens, and should not be allowed to be selectively recognized by individual states.
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Old 10-01-2009, 05:38 AM   #6
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Originally Posted by John Luttrell View Post
Actually, it's all about challenging the gun ban In Chicago; DC pricks already had to remove their unconstitutional gun ban.

No matter how you look at it, it's wrong to to deny honest citizens their most basic right of self defense; especially in Chicago, a city with one of the highest violent crime rates in the nation. Despite having a strict gun ban in their city, eighty percent of Chicago's 510 murders in 2008 were committed with guns; this only reiterates the fact that the only people gun bans are effective against, are law abiding citizens.

It is obvious that their Law Enforcement is not capable of providing them with personal safety and it is ridiculous to deny them the right to defend themselves in their own homes. It's past time to remove all the "Feel Good" hippies from political office and replace them with real citizens with common sense.
i love the way you think man.. good post
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Old 10-01-2009, 08:20 AM   #7
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I saw a clip on TV last night watching my favorite news channel - FOX News Channel. My understanding is that the pro-gun lobbyists in Chicago have filed to have the Chicago gun ban challenged in the Supreme Court, and that the Supreme Court has agreed to hear the case. Knowing the viewpoints of most of the Justices sitting on the Supreme Court, it is believed that the ban will most likely be over-ruled. I have not read any details on it, but only this short story on it last night. Lets all hope that it in fact gets over-ruled.

And I echo what huntingsolo said about John's post, ....., my same way of thinking too.
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Old 10-01-2009, 09:22 AM   #8
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Originally Posted by John Luttrell View Post
Actually, it's all about challenging the gun ban In Chicago; DC pricks already had to remove their unconstitutional gun ban.

No matter how you look at it, it's wrong to to deny honest citizens their most basic right of self defense; especially in Chicago, a city with one of the highest violent crime rates in the nation. Despite having a strict gun ban in their city, eighty percent of Chicago's 510 murders in 2008 were committed with guns; this only reiterates the fact that the only people gun bans are effective against, are law abiding citizens.

It is obvious that their Law Enforcement is not capable of providing them with personal safety and it is ridiculous to deny them the right to defend themselves in their own homes. It's past time to remove all the "Feel Good" hippies from political office and replace them with real citizens with common sense.
and something like 90% of the violent crimes committed w/ guns are guns from Jackson, Ms. More specifically, pawn shops off of Northside Drive in West Jackson. The hood. Majority black. Oh shit, that was racist.
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Old 10-01-2009, 02:26 PM   #9
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Quote:
Originally Posted by John Luttrell View Post
Actually, it's all about challenging the gun ban In Chicago; DC pricks already had to remove their unconstitutional gun ban.

No matter how you look at it, it's wrong to to deny honest citizens their most basic right of self defense; especially in Chicago, a city with one of the highest violent crime rates in the nation. Despite having a strict gun ban in their city, eighty percent of Chicago's 510 murders in 2008 were committed with guns; this only reiterates the fact that the only people gun bans are effective against, are law abiding citizens.

It is obvious that their Law Enforcement is not capable of providing them with personal safety and it is ridiculous to deny them the right to defend themselves in their own homes. It's past time to remove all the "Feel Good" hippies from political office and replace them with real citizens with common sense.
Yeah, just two of the scariest places in America to live. DC has a lot of crime-ChiTown has a lot of crime.

I live in New Orleans-murder capital of the US and we have CCW permits and good thing because you may need to put some steel in someones face at the gas station from time to time. In fact, in the state of LA you can carry your gun in your car with a magazine it it. the state considers your car an extension of your home.

Pretty COOL
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Old 10-01-2009, 02:37 PM   #10
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Same w/ Ms. We be packin' goin down I-55 and I-20.
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Old 10-01-2009, 02:37 PM   #11
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and something like 90% of the violent crimes committed w/ guns are guns from Jackson, Ms. More specifically, pawn shops off of Northside Drive in West Jackson. The hood. Majority black. Oh shit, that was racist.
when you are selective with your facts, and choose to ignore/omit others that do not support your point of view based on skin color, yes that is racist. do you starch your white hood to keep it pointy or does it have some kind of internal support?
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Old 10-01-2009, 02:50 PM   #12
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when you are selective with your facts, and choose to ignore/omit others that do not support your point of view based on skin color, yes that is racist. do you starch your white hood to keep it pointy or does it have some kind of internal support?
but when it's fact, is that still racist? I'd been told about this a year ago... somehow, our super awesome news teams around here just aired a "special" about it like 2 months ago. Earth shattering news.
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Old 10-01-2009, 02:54 PM   #13
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you didnt answer the question, stop ducking the real issue at hand here, what about the hood?
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Old 10-01-2009, 03:16 PM   #14
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you didnt answer the question, stop ducking the real issue at hand here, what about the hood?
I don't need a hood. I'll tell anyone that I hate them w/o the fear of repercussions from their bitch asses.
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