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 Since Heller, its Gun Control: 60, Individual Right: 0 
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 Post subject: Since Heller, its Gun Control: 60, Individual Right: 0
PostPosted: Thu Jan 22, 2009 10:59 am 
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http://www.huffingtonpost.com/adam-wink ... 54783.html

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Before the Supreme Court's decision, none of the numerous challenges to gun control laws raised in recent months would have had any hope of winning. Now, with a revolutionary ruling recognizing a renewed individual right to keep and bear arms, they still have no hope of winning.

About the only real change from Heller is that gun owners have to pay higher legal fees to find out they lose.

The basis for most of these lower court rulings upholding gun control is a paragraph near the end of the Supreme Court's decision that, at the time, seemed like a throwaway. The Supreme Court wrote that "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 on the commercial sale of arms."

What gun rights advocates are discovering is that the vast majority of gun control laws fit within these categories.

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PostPosted: Thu Jan 22, 2009 3:11 pm 
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Virtually all (perhaps all) of the individuals in these cases have been desperate, guilty, criminal defendants. Most of the cases have involved felons in possession.

Remember that from 1920 until about 1990 the government won almost all of the "obscenity" cases that it brought. People went to federal prison for selling what anyone can find on Yahoo by typing "*uck xxx" and download for nearly nothing [or so I'm told ;-)]. The scope of First Amendment protection took a long while to grow robust.


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PostPosted: Thu Jan 22, 2009 3:15 pm 
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Yup. But a fair number of folks -- including me -- were unhappy about that paragraph on the day the decision came out. Too soon to leap the conclusion that it's the "with all deliberate speed" of Heller, but it's not, alas, a crazy worry.

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PostPosted: Thu Jan 22, 2009 3:18 pm 
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kimberman wrote:
Virtually all (perhaps all) of the individuals in these cases have been desperate, guilty, criminal defendants. Most of the cases have involved felons in possession.

From what I have been able to dig up, that is what I have found too. It's still worth talking about.

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PostPosted: Thu Jan 22, 2009 4:59 pm 
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kimberman wrote:
Virtually all (perhaps all) of the individuals in these cases have been desperate, guilty, criminal defendants. Most of the cases have involved felons in possession.

Which is what pisses me off so much about Cases and Tot. They had absolutely no need to delve into how the 2nd applied to non-felons. That felons do not enjoy all of the rights of non-felons had long been established.


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PostPosted: Thu Jan 22, 2009 5:14 pm 
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Every time I hear Arianna Huffington speak it drives my blood to a boil. I think of her as a rabid cat tied up in a burlap sack. Where's the nearest bridge over the river? :twisted:

Uffda; I better slow down and have a cold one. :roll:

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