Latest 2n Amendment Case (Full Version)

All Forums >> [Community Discussions] >> Dungeon of Political and Religious Discussion



Message


KenDckey -> Latest 2n Amendment Case (3/21/2016 4:41:03 PM)

http://www.scotusblog.com/2016/03/the-second-amendment-expands-but-maybe-not-by-much/#more-240269

SCOTUS struck down a MA anti-gun law, essentially unamously, because there were no disenters, which banded a stun guns because they are not a gun. There were no oral arguments in the case.




ThatDizzyChick -> RE: Latest 2n Amendment Case (3/21/2016 4:47:58 PM)

Kinda vague ruling though.




KenDckey -> RE: Latest 2n Amendment Case (3/21/2016 4:49:57 PM)

True, but it opens up other potential less than legal weapons and carry outside the home requirements.




ThatDizzyChick -> RE: Latest 2n Amendment Case (3/21/2016 4:52:58 PM)

Not really, it didn't strike down the law, it just decided the Mass court reasoning was wrong.




Phydeaux -> RE: Latest 2n Amendment Case (3/21/2016 10:33:55 PM)

whats interesting was that it happened without dissent.




thompsonx -> RE: Latest 2n Amendment Case (3/22/2016 4:16:30 AM)


ORIGINAL: Phydeaux

whats interesting was that it happened without dissent.

Why is that interesting?




JVoV -> RE: Latest 2n Amendment Case (3/22/2016 5:15:48 AM)

Massachusetts used the logic of 'the second amendment doesn't apply because stun guns didn't exist when it was written'. This was the primary issue with the law's standing.

It shows that basic concepts of the Constitution and Bill of Rights must be applied to all new technology.

The case wasnt actually decided by the Supreme Court, but instead kicked back to the lower court with specific directions.




thompsonx -> RE: Latest 2n Amendment Case (3/22/2016 7:36:29 AM)


ORIGINAL: JVoV

Massachusetts used the logic of 'the second amendment doesn't apply because stun guns didn't exist when it was written'. This was the primary issue with the law's standing.

It shows that basic concepts of the Constitution and Bill of Rights must be applied to all new technology.

The case wasnt actually decided by the Supreme Court, but instead kicked back to the lower court with specific directions.

What the five supreme court justices said was that the woman had a right to self defense and that the states 2nd ammendment position was not relevant.




KenDckey -> RE: Latest 2n Amendment Case (3/22/2016 11:19:22 AM)

http://blog.constitutioncenter.org/2016/03/constitution-check-where-does-the-second-amendment-stand-now/

http://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf

quote:

P
ER
C
URIAM
.
The Court has held that “the Second Amendment ex-
tends, prima facie, to all instruments that constitute
bearable arms, even those that were not in existence at
the time of the founding,”




thompsonx -> RE: Latest 2n Amendment Case (3/22/2016 11:27:00 AM)

ORIGINAL: KenDckey

http://blog.constitutioncenter.org/2016/03/constitution-check-where-does-the-second-amendment-stand-now/

http://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf

P
ER
C
URIAM
.
The Court has held that “the Second Amendment ex-
tends, prima facie, to all instruments that constitute
bearable arms, even those that were not in existence at
the time of the founding,”

This is from "heller"


From the court:

Alito also implied that state officials in Massachusetts may have left Caetano to her own devices. He wrote: “If the fundamental right of self-defense does not protect Caetano, then the safety of all Americans is left to the mercy of state authorities who may be more concerned about disarming the people than about keeping them safe.”




KenDckey -> RE: Latest 2n Amendment Case (3/22/2016 12:11:52 PM)

It is a direct copy/paste from SCOTUS. Try again




Phydeaux -> RE: Latest 2n Amendment Case (3/22/2016 4:11:33 PM)


quote:

ORIGINAL: thompsonx

ORIGINAL: KenDckey

http://blog.constitutioncenter.org/2016/03/constitution-check-where-does-the-second-amendment-stand-now/

http://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf

P
ER
C
URIAM
.
The Court has held that “the Second Amendment ex-
tends, prima facie, to all instruments that constitute
bearable arms, even those that were not in existence at
the time of the founding,”

This is from "heller"


From the court:

Alito also implied that state officials in Massachusetts may have left Caetano to her own devices. He wrote: “If the fundamental right of self-defense does not protect Caetano, then the safety of all Americans is left to the mercy of state authorities who may be more concerned about disarming the people than about keeping them safe.”



From that - how do you get the position that no second amendment right applies? Frankly, you persistently advocate meanings at variance with the plain meaning of the words.




KenDckey -> RE: Latest 2n Amendment Case (3/22/2016 5:59:13 PM)


quote:

ORIGINAL: Phydeaux


quote:

ORIGINAL: thompsonx

ORIGINAL: KenDckey

http://blog.constitutioncenter.org/2016/03/constitution-check-where-does-the-second-amendment-stand-now/

http://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf

P
ER
C
URIAM
.
The Court has held that “the Second Amendment ex-
tends, prima facie, to all instruments that constitute
bearable arms, even those that were not in existence at
the time of the founding,”

This is from "heller"


From the court:

Alito also implied that state officials in Massachusetts may have left Caetano to her own devices. He wrote: “If the fundamental right of self-defense does not protect Caetano, then the safety of all Americans is left to the mercy of state authorities who may be more concerned about disarming the people than about keeping them safe.”



From that - how do you get the position that no second amendment right applies? Frankly, you persistently advocate meanings at variance with the plain meaning of the words.


me thinks that they forget that there are arms other than on a body or that are powderactuatedd. Just saying




thompsonx -> RE: Latest 2n Amendment Case (3/22/2016 6:34:15 PM)


ORIGINAL: KenDckey

It is a direct copy/paste from SCOTUS. Try again


From your link:

The Court has held that “the Second Amendment extends,
prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment
right is fully applicable to the States,” McDonald v. Chicago, 561 U. S. 742, 750 (2010)...

For these three reasons, the explanation the Massachusetts
court offered for upholding the law contradicts this Court’s precedent. Consequently, the petition for a writ of certiorari and the motion for leave to proceed in forma pauperis are granted. The judgment of the Supreme Judicial Court of Massachusetts is vacated, and the case is remanded for further proceedings not inconsistent with this opinion.
It is so ordered. ...

It is settled that the Second Amendment protects an individual right to keep and bear arms that applies against both the Federal Government and the States. District of Columbia v. Heller, 554 U. S. 570 (2008); McDonald v. Chicago, 561 U. S. 742 (2010). That right vindicates the “basic right” of “individual self-defense.” Id., at 767; see Heller, supra, at 599, 628. Caetano’s encounter
with her violent ex-boyfriend illustrates the connection
between those fundamental rights: By armingherself, Caetano was able to protect against a physicalthreat that restraining orders had proved useless to prevent.
And, commendably, she did so by using a weapon that posed little, if any, danger of permanently harming either herself or the father of her children.

The scotus cites heller and mcdonald as the bassis for their decission to uphold her right to self defense.
Perhaps you might want to go back and read the cite you posted.




BamaD -> RE: Latest 2n Amendment Case (3/22/2016 6:43:03 PM)


quote:

ORIGINAL: KenDckey


quote:

ORIGINAL: Phydeaux


quote:

ORIGINAL: thompsonx

ORIGINAL: KenDckey

http://blog.constitutioncenter.org/2016/03/constitution-check-where-does-the-second-amendment-stand-now/

http://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf

P
ER
C
URIAM
.
The Court has held that “the Second Amendment ex-
tends, prima facie, to all instruments that constitute
bearable arms, even those that were not in existence at
the time of the founding,”

This is from "heller"


From the court:

Alito also implied that state officials in Massachusetts may have left Caetano to her own devices. He wrote: “If the fundamental right of self-defense does not protect Caetano, then the safety of all Americans is left to the mercy of state authorities who may be more concerned about disarming the people than about keeping them safe.”



From that - how do you get the position that no second amendment right applies? Frankly, you persistently advocate meanings at variance with the plain meaning of the words.


me thinks that they forget that there are arms other than on a body or that are powderactuatedd. Just saying

The MA ruling seems to be based on the same basic thought we have heard on here before. Since there were no (virtually) repeaters at the time, no cartrige weapons, and so forth, no weapons invented after 1790 are covered by the 2nd.
It would be a great presidence for the gun grabbers.




thompsonx -> RE: Latest 2n Amendment Case (3/22/2016 6:44:18 PM)

ORIGINAL: Phydeaux


ORIGINAL: thompsonx


From that - how do you get the position that no second amendment right applies? Frankly, you persistently advocate meanings at variance with the plain meaning of the words.


In your overwhelming desire to see your name in print and to disagree with me you fail to read and understand what I say.
The state of ma said she had no second ammendment right to carry the stun gun.
The scotus told the state that their decission was at odds with precident of the scotus(heller and mcdonald) that the woman in question had an absolute right to self defense with whatever she chose to use.
Now if that is not clear enough for you perhaps you might get a grown up to read it to you real slow explaning the big words as they go.[8|]
Now would you pullllleeeeezzzzz stop trying to pick flyshit out of pepper.





thompsonx -> RE: Latest 2n Amendment Case (3/22/2016 6:46:38 PM)

ORIGINAL: BamaD


The MA ruling seems to be based on the same basic thought we have heard on here before. Since there were no (virtually) repeaters at the time, no cartrige weapons, and so forth, no weapons invented after 1790 are covered by the 2nd.
It would be a great presidence for the gun grabbers.


Scotus pointed out that heller setteled that issue and scotus reversed the ma decission.




KenDckey -> RE: Latest 2n Amendment Case (3/22/2016 8:27:09 PM)


quote:

ORIGINAL: thompsonx


ORIGINAL: KenDckey

It is a direct copy/paste from SCOTUS. Try again


From your link:

The Court has held that “the Second Amendment extends,
prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment
right is fully applicable to the States,” McDonald v. Chicago, 561 U. S. 742, 750 (2010)...

For these three reasons, the explanation the Massachusetts
court offered for upholding the law contradicts this Court’s precedent. Consequently, the petition for a writ of certiorari and the motion for leave to proceed in forma pauperis are granted. The judgment of the Supreme Judicial Court of Massachusetts is vacated, and the case is remanded for further proceedings not inconsistent with this opinion.
It is so ordered. ...

It is settled that the Second Amendment protects an individual right to keep and bear arms that applies against both the Federal Government and the States. District of Columbia v. Heller, 554 U. S. 570 (2008); McDonald v. Chicago, 561 U. S. 742 (2010). That right vindicates the “basic right” of “individual self-defense.” Id., at 767; see Heller, supra, at 599, 628. Caetano’s encounter
with her violent ex-boyfriend illustrates the connection
between those fundamental rights: By armingherself, Caetano was able to protect against a physicalthreat that restraining orders had proved useless to prevent.
And, commendably, she did so by using a weapon that posed little, if any, danger of permanently harming either herself or the father of her children.

The scotus cites heller and mcdonald as the bassis for their decission to uphold her right to self defense.
Perhaps you might want to go back and read the cite you posted.



So you agree then, that the quote came from the current decision. It may a quote from another decision, but what I quoted, based upon your quote, came from my link. Thanks.




thompsonx -> RE: Latest 2n Amendment Case (3/22/2016 9:45:19 PM)


ORIGINAL: KenDckey


So you agree then,

No dumbass read what I said.

that the quote came from the current decision.

No dumbass the quote is citing heller.

It may a quote from another decision, but what I quoted, based upon your quote, came from my link.


Are you going to stamp your foot now. [8|]




KenDckey -> RE: Latest 2n Amendment Case (3/23/2016 5:43:45 AM)

so you are saying then that it is physically imposssible for it to have come from the current citaqtion from SCOTUS. Please explain how SCOTUA made such a mistake in their website? Or is it possible that they infact got it right? Doesn't matter if the statement came originally from Heller, It is listed in the current opinion. And that the cut and paste that I stated, is in fact correct I am not argueing Heller, only the current opinion. Heller is done.




Page: [1] 2   next >   >>

Valid CSS!




Collarchat.com © 2025
Terms of Service Privacy Policy Spam Policy
0.09375