Government files amicus -- on DC's side!

[Hazcat]

The good news is it does acknowledge that the Second Amendment is an individual right; the bad news is that it appears to go wholesale against the plain language of "shall not be infringed."


More at link including the actual .pdf of the brief http://armsandthelaw.com/archives/2008/01/government_file.php

Directly from the brief;

"When, as here, a law directly limits the private pos-
session of “Arms” in a way that has no grounding in
Framing-era practice, the Second Amendment requires
that the law be subject to heightened scrutiny that con-
siders (a) the practical impact of the challenged restric-
tions on the plaintiff’s ability to possess firearms for
lawful purposes (which depends in turn on the nature
and functional adequacy of available alternatives), and
(b) the strength of the government’s interest in enforce-
ment of the relevant restriction.

The court of appeals, by contrast, appears to have
adopted a more categorical approach. The court’s deci-
sion could be read to hold that the Second Amendment
categorically precludes any ban on a category of “Arms”
that can be traced back to the Founding era. If adopted
by this Court, such an analysis could cast doubt on the
constitutionality of existing federal legislation prohibit-
ing the possession of certain firearms, including
machineguns. However, the text and history of the Sec-
ond Amendment point to a more flexible standard of
review."

So the Govt is afraid that if the SC upholds the courts ruling we may be able to get full autos.  Can't have that you know, that would make us even less controllable! 

And Bush is supposed to be a REPUBLICAN??  THIS is why if it isn't Thompson or Hunter I WILL NOT VOTE for president.  What would it matter??

[tombogan03884]

Ballot box or bullet box

[Pathfinder]

Ballot box or bullet box

Sadly, it may yet come to that. I think we all hope that it does not. After all the saying

"May you live in interesting times"

is generally considered a curse, not a blessing. So vote the 2A on Pres, Congress, state, local elections, school board, dog catcher, everything!

God willing we can keep it to the ballot box and not have to lock and load.

[ismram]

Sadly, it may yet come to that. I think we all hope that it does not. After all the saying

"May you live in interesting times"

is generally considered a curse, not a blessing. So vote the 2A on Pres, Congress, state, local elections, school board, dog catcher, everything!

God willing we can keep it to the ballot box and not have to lock and load.

+1!!!!!

[tombogan03884]

arn I've grown used to living indoors . Foxholes are cold wet and NEVER deep enough

[Sponsor]

[tombogan03884]

Stickey keys hat was meant to say Darn.

[ellis4538]

Can't trust anyone anymore!  I wonder if Fred will get rid of DOJ too?

[tombogan03884]

I no longer pin my hopes on Fred We need to start considering that we MAY not get the best 2A candidate.
 That means we have to hope for a good decision in the Heller case and start working to kick the Dems out of Congress and the Senate.
  If we get control of state and federal legislatures, plus a favorable Supreme Court ruling even the Hillybeast could not get any legislation through.
 In NH we need to start by getting Preemption, Katrina legislation, and Castle doctrine re-introduced and over riding Gov. Lynches veto. All 3 passed last summer but the gov vetoed, We have to be persistant until we get what we want.  As soon as I can afford it I'm joining G.O.NH, I'm already an NRA member. I'm lobbying everyone I meet and writing my representitives, letters to the editor help also .
 Any other suggestions, the more fuss we make the more likely that Voters will go our way just to shut us up.
We need to take local action all across the country to effect changes in Congress and the Senate.
Anyone else in NH want to start networking , any one else anywhere have ideas?
     

[Michael Bane]

Hell will freeze over before I vote for a Republican other than Fred or Huckabee.

Bush just gave the Democrats a HUGE gift.

I say impeach the son of a...oh gosh, how to put this...BUSH and MAKE THE REPUBLICAN PARTY PAY.

If there is no difference between the Dem and the Republicans, I'll take my chances with a devil I know.

We now know where the Republican Party stands, and it is behind us with a knife...

Michael "PISSED OFF" B

ps...edited for language by mb

[WymoreWrangler]

Let's not forget that the Dem's ran a pro-gun attorney general out of D.C., and now we've got one of Rudy's pal at AG who is known to not be gun friendly, and may have filed this brief without Bush's consent or knowledge.  So if you don't vote, don't bitch when Hillary starts banning guns, ammo, and hunting/shooting on federal lands...