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Another read on the 2nd Amend decision

Discussion in 'Uncategorized Threads' started by birdogs, Jul 2, 2008.

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  1. birdogs

    birdogs TS Member

    Jan 29, 1998
    This article seems to attack Justice Scalia for some of the things expressed in his majority opinion. The author seems to say that Scalia's "caveats" in some way modify the decision to the point that it is less important than has been reported by the pro-gun segment. This is true as far as it goes but one must remember that this was a specific case that the Court was ruling on. It was not ruling on the validity or scope of the Second Amendement in general. This conclusion was drawn by both parties in the hope that a victory would be far more sweeping than the final decision actually was.

    No, the war is not yet over but the Constitution has been upheld and remains intact. Look to the kinds of "reasonable restrictions" which localities may try to apply to gun ownership as the next battleground.

    Asd far as Justice Scalia personally; he is a shooter and has been since we went to high school together. In factr, he mentioned to me a couple of years ago that when we were "kids" we carried our target rifles on the New York City subway (cased, of course). We laughed at that and throught how unlikely that would be to happen today.
  2. JBrooks

    JBrooks TS Member

    Nov 6, 2006
    All due respect, MIA, Radley Balko is hardly a shining constitutional law scholar and his libertarian drug views make him very suspect for objective commentary.

    What the Heller ruling has done is given our pro gun lawyers an incredible weapon to challenge numerous restrictive laws across the country. This they will now do and start creating a body of case law that will greatly assure and expand our Second Amendment rights.
  3. Gold E

    Gold E TS Member

    Sep 22, 2006
    A problem I have with many opinion writers/bloggers is that they feel the need to write a twist on a subject to get attention. I disagree with Mr. Balko. The Supreme Court’s decision to affirm clearly answered three major concerns: militia vs. individual; keep [arms]; bear [arms], and, to a somewhat lesser extent, that handguns constitute arms.

    Addressing these concerns is, in my opinion, a monumental step in the right direction. If anyone is in doubt of the importance of this affirmation, think for a minute of the effect of an opposite ruling. Federal, state, county, and city governments would have had almost no restriction in imposing nearly any restriction they could dream up.

    Thanks for the read MIA.
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