The Down Range Forum
Member Section => Politics & RKBA => Topic started by: Cabby on April 15, 2013, 10:15:05 AM
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SCOTUS, which has unfortunately shown the ability again and again to fabricate "Constitutional Rights" out of whole cloth(see Dred Scott, Roe vs. Wade, Obamacare, etc.)cannot be bothered to consider the latest assault on an actual, in-plain-English-right-there-in-black-and-white Constitutional Right so important that the Founders made it #2 on the list:
From one of the major mouthpieces of the Federal Government, the Associated Press a.k.a. "American Pravda":
WASHINGTON (AP) -- The Supreme Court is staying out of the gun debate for now.
The justices on Monday declined to hear a challenge to a strict New York law that makes it difficult for residents to get a license to carry a concealed handgun in public.
The court did not comment in turning away an appeal from five state residents and the Second Amendment Foundation. Their lawsuit also drew support from the National Rifle Association and 20 states.
The high court action comes amid an intensifying congressional debate on new gun control measures. The issue has resurfaced prominently in Washington in the wake of the Newtown, Conn., school shooting that killed 20 children and six adults.
I guess the Supremes have a full plate these days with such "major" issues as Homosexual Marriage and assisting the Executive Branch in its mission of ignoring the principle of "Separation Of Powers". "Consent Of The Governed" and "Shall Not Be Infringed" have become quaint, archaic phrases from the 19th Century that carry no meaning with the ruling classes in Post Modern America.
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The SCOTUS already weighed in with the Miller, Heller, and McDonald decisions.
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And remember this. The conservatives on the Court are all very pro-states rights. They've said the 2A applies to the states, true. But when it comes to things like local pre-emption, they are very likely to view this as an internal NY matter to be decided by that states leg and SC. The 2A is paramount to us. For them its federalism. Some we'll win, some we'll lose. I'd rather they declined cert rather than granting it and ruling against us.
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FQ, the whole point of the McDonald case was to verify that the 2A applies to states and cities as well as the feds.
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FQ, the whole point of the McDonald case was to verify that the 2A applies to states and cities as well as the feds.
Yes, but just like with the 1A, what's a reasonable restriction? The Court, and not just on guns, but everything else, wants the states to figure it out for themselves as long as they don't go too far. They aren't like to worry about whether CCW laws are different in Buffalo and NYC as long as you can own a pistol in NYC. The real test will come if the new NY state law comes up for review, because here we're dealing with a direct challenge to McDonald and the Court will have to decide if the state as a whole went too far. I mean hell, we're still playing this game with abortion and that decision was almost 40 years ago.
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Actually the test will be if any one challenges the "assault weapon" registration based on the Miller decisions clear protection of "militarily useful" firearms.
I've posted the link several times and I'm not going to do it again, (at the moment)
Google " SCOTUS US v Miller 1939"
Look for the "findlaw" link.