close

Privacy guaranteed - Your email is not shared with anyone.

GUNS back to SCOTUS on Tuesday

Discussion in 'The Okie Corral' started by Mak Maven, Feb 28, 2010.

  1. Mak Maven

    Mak Maven Lifetime Member

    Messages:
    334
    Likes Received:
    0
    Joined:
    Jul 4, 2004
    Location:
    Apopka, Fl. Bears at your doorstep.
    Supreme Court Guns Case Preview
    February 28, 2010 - 5:33 PM | by: Lee Ross

    The battle over the meaning of the Second Amendment returns to the Supreme Court Tuesday when the justices hear a case that is a follow-up to their historic ruling in 2008 that individuals have a Constitutional right to keep and bear arms. On Sunday, Fox's Shannon Bream spoke with a couple of key figures in the gun rights debate: lawyer Alan Gura and Dennis Henigan of the Brady Center to Prevent Gun Violence. Gura argued and won D.C. v. Heller two years ago and will appear before the Court Tuesday.

    Even though the Supreme Court ruled two years ago that the Second Amendment protects an individual's right to keep and bear arms, that historic ruling overturning a Washington D.C. gun ban doesn't apply to the 50 states. On Tuesday, the justices will be asked to do just that. The legal term is called "incorporation" but all that means is extending the federal protections of the Bill of Rights--including the Second Amendment--to the states. The case challenges Chicago's restrictive gun law. Dozens of groups have added their voices to the case including the National Rifle Association and the Educational Fund to Stop Gun Violence.

    Gura represents Otis McDonald who is challenging the Chicago law. "Virtually the entire Bill of Rights has been applied against states and local governments. The Second Amendment is a normal part of the Bill of Rights. It protects a meaningful individual right which is very important to people in this country and throughout American history," Gura said.

    Henigan says the case is Gura's to lose based on the premise that the same five judges who were part of the Heller majority will join together and carry the day in this case. But Henigan emphasizes another part of the Heller decision where he says "the Court implicitly recognized that there is still broad legislative authority to enact reasonable laws to reduce the risk from that right. And we hope the Court gives similar assurances in this case."
     
  2. Ersatz

    Ersatz

    Messages:
    1,318
    Likes Received:
    0
    Joined:
    Oct 9, 2008
    It's all about the standard of review. That's where we'll see just how screwed we are.
     

  3. bennwj

    bennwj Command Sergeant Major (retired) Silver Member

    Messages:
    4,839
    Likes Received:
    1,317
    Joined:
    May 24, 2008
    Location:
    Eastern North Carolina
    Riddle me this:

    If the court does not incorporate the 2A, would that mean (by extension) that the Bill of Rights does NOT apply to the states and states could restrict religion, the press, assembly etc?
     
  4. SVTNate

    SVTNate Packers fan

    Messages:
    2,474
    Likes Received:
    27
    Joined:
    Sep 20, 2000
    Location:
    Orange County, CA
    In a word, no.

    Those other rights are already incorporated via the 14th Amendment. Google "Incorporation doctrine".

    Well, I should clarify... YES, states can make certain restrictions on certain aspects of religion, press, assembly, etc. but those have to meet certain levels of scrutiny and it's all boring stuff you don't want to hear... but the bottom line is states can already do those things to an extent and incorporation of the 2A or lack thereof has zero effect on them.