Author Topic: Latest gun rights victory has implications far beyond North Carolina  (Read 1273 times)

PegLeg45

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From GRE:

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Latest gun rights victory has implications far beyond North Carolina

In his opinion, Judge Malcolm J. Howard, senior United States district judge for the Eastern District of North Carolina, wrote, “…the court finds that the statutes at issue here are subject to strict scrutiny…While the bans imposed pursuant to these statutes may be limited in duration, it cannot be overlooked that the statutes strip peaceable, law abiding citizens of the right to arm themselves in defense of hearth and home, striking at the very core of the Second Amendment.”


If this precedent of applying strict scrutiny to gun laws--in and out of the home--becomes well established, every one of the tens of thousands of gun laws in the United States faces a tough new test.

As gratifying as it is that a federal court in the eastern part of North Carolina realizes that the Constitutional guarantee of the fundamental human right of the individual to keep and bear arms is not conditional on pleasant weather, the larger implication--that federal judges are starting to apply strict scrutiny to gun laws--carries great significance right here in St. Louis, as well.


More here:
http://www.examiner.com/gun-rights-in-st-louis/latest-gun-rights-victory-has-implications-far-beyond-north-carolina
"I expect perdition, I always have. I keep this building at my back, and several guns handy, in case perdition arrives in a form that's susceptible to bullets. I expect it will come in the disease form, though. I'm susceptible to diseases, and you can't shoot a damned disease." ~ Judge Roy Bean, Streets of Laredo

For the Patriots of this country, the Constitution is second only to the Bible for most. For those who love this country, but do not share my personal beliefs, it is their Bible. To them nothing comes before the Constitution of these United States of America. For this we are all labeled potential terrorists. ~ Dean Garrison

"When it comes to the enemy, just because they ain't pullin' a trigger, doesn't mean they ain't totin' ammo for those that are."~PegLeg

twyacht

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Re: Latest gun rights victory has implications far beyond North Carolina
« Reply #1 on: March 30, 2012, 06:23:59 PM »
SCOTUS has established precedent similar to this NC Judge, with Heller & McDonald as well, Sotomayor called it "established law",....during her confirmation hearings.

and she lied and voted in the minority in the McDonald case. The laughable Ninth Circus Court doesn't even care. There are so many California Judges that rotate through, that they could care less, as most of their cases are appealed anyway.

Many Federal Judges that BHO has submitted to the Senate for Confirmation Process have been sidelined because Harry Reid knows that the Fox News, Brietbart, Glenn Beck, Hannity, Rush, Michael Savage, Mark Levin, Ann Coulter, types would get the word out on how radically left they are.

and it's an election year.  Remember when Justice Ginsberg went to Egypt, recently, and told the fledgling Egyptian gov't NOT to use the American Constitution as any type of reference? Not enough about human rights and social justice,....use the Euro Model...Our Constitution is old, outdated,....too restrictive on gov't....

These battles over the 2nd Amendment aren't going anywhere, but it is nice to see "some" Judges who get it...There are plenty that don't.



Thomas Jefferson: The strongest reason for the people to keep and bear arms is, as a last resort, to protect themselves against the tyranny of government. That is why our masters in Washington are so anxious to disarm us. They are not afraid of criminals. They are afraid of a populace which cannot be subdued by tyrants."
Col. Jeff Cooper.

 

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