D.C. v Heller is not just a bad dream

[bossy22]

Many of the Pro-control side believe that even if the handgun ban is struck down and the 2A is ruled an individual right- that nothing will change. If the SCOTUS does rule that way it is going to have far-reaching indirect affects. Lower courts will no longer be able to say the amendment is only a collective right and would have to start interpreting provisions in law based on an individual's right to own a gun. Heller itself will not do this, but it has the possibility to set the stage.

I do not believe Heller is the end all...i believe the decision will leave much in question, but it will most likely clear up whether the right pertains to militias or individuals- and that will change the gun law debate immensely

[virginia mountainman]

1. Typical of the Anti-Civil rights side...

Misleading, lieing, and ignoring the facts is the way of life for the gun control advocate.

They even apropriatly call their protests, "Lie-In's"

[bossy22]

2. i saw one of these "Lie ins"

in NYC last year i believe...i thought it was pretty funny because they were lying on a NYC street which is probably one of the most dirty places there is....i hope they washed their clothes...

I think Mike Bloomberg was there too supporting their rally-

[RSstoppingby]

13. Would be funny

if someone walked up with a bull horn and started shouting "These 32 people would still be alive if not for nonsense gun controll laws

[L1A1Rocker]

3. I agree, and I've said it on many forums.

A win for 2A rights at SCOTUS is not the end of it. It will be the beginning with LOTS of work to be done after. The difference is that we will be on the offensive after that, going after all the blatantly unconstitutional laws on the books. There will be lots to do and the organizations that protect our 2A rights will have to have a huge paradigm shift if they are to stay in business.

I think the NRA will probably wither away while groups like GOA will become the gorilla of gun rights. We may even see the ACLU come around if some of their past statements are true. The ACLU has said that they do not aggressively go after 2A cases because it is a collective right. We'll see.

[bossy22]

4. i think the ACLU

would sort of be forced to change their position if there was an ind. rights ruling- else they would like like hypocrites

[57_TomCat]

5. I would hope the ACLU would begin to support...

the 2nd amendment as opposed to the apathy they now give it.

[SteveM]

6. The NRA/GOA "contrast" is an area I'm not familiar with. Neither am I with ACLU's...

position and passion for 2A in the future. Some of us like to think Constitutional rights is in our blood, and those coming "new" to the game will be of lesser stature. This is a prejudiced and parochial attitude. Any view, belief, law which cannot sustain and advance its value with "immigrants" can't hope to sustain itself in the long run.

I believe folks in this forum have made some converts.

The field of debate and action will hopefully change. There are so many other problems converging quickly.

[Recursion]

7. Probably, like Miller, Heller will be about types of weapons

SCOTUS can avoid the whole individual/corporate question by focusing on the type of weapon involved: whether the right is collective or individual, it applies only to weapons suitable for use in the militia. Handguns are well-established for military use, and so a complete ban on them will probably be overturned.

[bossy22]

8. the thing is the question posed against them

said does banning handguns violate the second amendment rights of individuals who are not affiliated with a well-regulated militia? They sort of have to endorse an individual/collective rights view

also it seems like the majority of the court would like to finally declare whether the right is individual or collective

[Boomer 50]

9. SCOTUS predjudiced the argument

Look at the question that they put forth to be addressed. The Court already considers the 2nd and individual right and they broadened the issue brought before them with the question.

I think that SCOTUS is going to be very detailed with this decision and it's going to put to rest quite a few assumptions and ideas.

[Callisto32]

10. hesitant..

I have seriously mixed feelings about this particular court case...I'm just waiting to see what happens in June.

[bossy22]

11. im curious

why do you have mixed feelings on this case?

[Callisto32]

12. Well:

I want to be super-happy about the SCOTUS looking like they are going to be handing down a decision squarely in favor of the (obvious) personal right reading. On the other hand, (I'm a law student)I have learned not to count my Supreme Court chicks before they hatch. So I'm swimming in a pool of optimism and quiet dread that it will come out in favor of the asinine "collective right" theory.

[bossy22]

14. true

though the way the sounded im almost def. sure they are gonna claim its an individual right- my only thing is if the ban will be upheld

[iiibbb]

15. I actually don't think much will change...

... because the Heller case is about prohibition, and most states' regualtions will pass that filter.

I don't think it's going written in such a way as to broadly open up the gates and change the rules on machine guns etc. You can tell from the transcripts that there is not strong support for completely deregulating gun ownership.

This will be a narrowly written decision. It will change the landscape of future gun-control arguments, which will no longer be able to be framed in terms of collective rights; instead, it will entail how a state "regulates" its militias.

So, really this will probably make it a states issue... and as long as the state can show it doesn't indiscriminately prohibit certain firearms, they shouldn't have to change anything.


Now there will still be political battles over whether .50 BMG's, machine guns, etc. fall under this individual rights protection or not... and gun-control groups may have to focus on 50 different efforts rather than one (which is bad for them because they really have such poor fund raising and real support).