2nd Amendment Infringement vs. Regulation

[Slartibardfast]

2nd Amendment Infringement vs. Regulation

I’ve been lurking around this forum for a while, and with today’s DC vs. Heller decision I’ve been motivated to post.

It seems to me that all members of the Supreme Court believe in the notion that both Federal and State governments have the right to “regulate” firearms.  They all seem to support the idea that laws banning felons from possessing firearms, establishing “no gun zones” such as schools and city halls, and concealed carry bans are perfectly constitutional.  Such laws they see as “regulation” and not “infringement”, however, they disagree on the constitutionality of other laws that affect firearms.  This would seem to suggest that at some point legal “regulation” can be carried to far and become “infringement”, such as D.C. banning handguns.  This means that there is a line that separates “regulation” and “infringement”.

My question to all of you is where do you believe that line should be, (if in fact you believe that such a line should even exist)?  How much power should Federal and State governments have when it comes to firearms issues? 

P.S. I’m not looking for a fight here, I’m truly interested in what you folks think about this issue.

[Pathfinder]

2nd Amendment Infringement vs. Regulation

I’ve been lurking around this forum for a while, and with today’s DC vs. Heller decision I’ve been motivated to post.

It seems to me that all members of the Supreme Court believe in the notion that both Federal and State governments have the right to “regulate” firearms.  They all seem to support the idea that laws banning felons from possessing firearms, establishing “no gun zones” such as schools and city halls, and concealed carry bans are perfectly constitutional.  Such laws they see as “regulation” and not “infringement”, however, they disagree on the constitutionality of other laws that affect firearms.  This would seem to suggest that at some point legal “regulation” can be carried to far and become “infringement”, such as D.C. banning handguns.  This means that there is a line that separates “regulation” and “infringement”.

My question to all of you is where do you believe that line should be, (if in fact you believe that such a line should even exist)?  How much power should Federal and State governments have when it comes to firearms issues? 

P.S. I’m not looking for a fight here, I’m truly interested in what you folks think about this issue.

Welcome to the club - in every sense of the word!

For me, I am a minimalist when it comes to gummint - I am working with a local community to fight the mandate we install sidewalks - at $40 a linear foot - just because our development is new. The existing town - from which the City Council members come, do not have sidewalks and yet they are forcing us to put them in. Wrong!

Besides, I live on a cul-de-sac, who needs sidewalks?

So I side with the folks who believe that the 2nd Amendment means what it says, and that any regulation had damned well better be passed after a huge amount of scrutiny and with a maximum of rights recognized.

One meaning of "the club" is simply folks who have realized that the gummint has been encroaching on our freedoms and liberties for far too long.

Another is this site - Welcome!!   

PS: You mean all of the cool gun giveaways we've had have not motivated you to post until now? That is self-control, my friend.

[DDMac]

That answer will be roughly delineated in hundreds of future court cases throughout the country. Some may rise to Federal level for resolution, but there won't be a bright line standard for quite some time, if ever, IMHO.
As you said, the Justices "seemed" to prefer a regulatory scheme at lower levels of government, but they didn't SAY at what point infringement occurres. That is where the legions of as yet unborn lawyers are assured comfortable employment in the coming years.
Mac.

[MikeBjerum]

I need to spend the time to look over the ruling, and to compare key points like the many Marshal has been posting today.  One thing I see that might make future cases interesting is the talk that it is not only a right to bear arms, but also a right to bear usable arms.  I picked up on some issues with gun locks and disabling of guns.  This could open up a lot of existing regulation for further review.

[Slartibardfast]

PS: You mean all of the cool gun giveaways we've had have not motivated you to post until now? That is self-control, my friend.

They did make my mouse hand get a little twitchy...
 

[Sponsor]

[brosometal]

You have asked about the line between infringement and regulation so I got out my crystal ball and...  I kid .   Pathfinder hit pretty close to my thinking on the subject.  Minimalist at the most.  The song I sing most with regards to the "evil" gun issue.  Replace gun with hammer.  They are both tools that have been used to kill.  They also both would look out of place in line at the bank:  personal digression with the realization that actions have consequences.  There is not a law passed that hasn't been broken.  The idea that laws make you safer, happier, etc. is failed logic.  Whether lefties and the anti gun crowd like it or not, the gun is the tool that enforces the people's inalienable rights.  I fail to see how an adult that can dress himself, operate a car, and able to hold public office cannot see this.  Today, with the Heller press conferences, the DC anti-gunners were in a panic.  Like the OK corral was going to break out in the streets.  Law abiding citizens will continue to abide by the law.  The only difference is now when illegally armed criminals wish to use lethal force they can be met with the same.  Their actions will now have consequences.  How's that for full circle. 

The actuality of the infringement/regulation line will be in flux as court cases work their way through the system.  I have not read the   opinions for myself yet, but the feeling I get is it will be much more a state's right issue the way it has been handled (local discretion). 

[Ruger-55]

    The day they try to take my guns is the day they will have there hands FULL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!