High Court’s Big Ruling For Gun Rights - 06/28/10

[opsec]

http://liveshots.blogs.foxnews.com/2010/06/28/high-courts-big-ruling-for-gun-rights/

In its second major ruling on gun rights in three years, the Supreme Court Monday extended the federally protected right to keep and bear arms to all 50 states.

More importantly, that decision held that the Second Amendment right to keep and bear arms was a right the Founders specifically delegated to individuals.

Gee, it only took 209 years for them to figure that out.

[Eddie]

That's good news, I just bought a gun safe yesterday for my Mossberg 500, Ruger 22 rifle and Remington express 870. The best part about it is there's no sales tax on gun safes in Washington state. I suppose they ding us on the ammo or gun sales. Anyways, Im glad I got it, I worry sometimes when Im away from home.

[hancocs]

At least this is a little good news for us responsible gun owners. 

[darkdwarf]

In its second major ruling on gun rights in three years, the Supreme Court Monday extended the federally protected right to keep and bear arms to all 50 states.

More importantly, that decision held that the Second Amendment right to keep and bear arms was a right the Founders specifically delegated to individuals.

Notice the wording of this information and how it contrasts to the Constitution' wording. supreme court extended... and founders specifically delegated... compared to ...endowed by our creator. The founding father nor the supreme court GAVE us these rights if they did they could take them away. The founding fathers meary pointed them out and said don't mess with them.

[wander]

The Constitution makes no mention of rights endowed by their creator. The constitution was ratified in 1787, and the bill of rights in 1791. Neither mention a creator. The second amendment is perfectly clear, and it amazes me there is even a debate.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

However, the Declaration of independence has the line about that. That was written and signed in 1776.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

[darkdwarf]

Your right wander! I can only blame it on exhaustion when I wrote that.

[darwinslair]

I didnt like the ruling: not because of the result, but because of the division.  5-4?  This liberal/conservative split shows a real basic division on individual rights that should not exist.  That case should have been 9-0.

How much more plain can you get than "shall not be infringed upon"?

Tom

[offdalip]

5 said for the 2nd amendment citing the "citizen's rights to bear arms to defend themselves"

4 said against the 2nd amendment citing the only need to bear arms was for a  "well regulated militia"

[darwinslair]

yes.  my point exactly.  4 of them believe the only right to have or bear arms is under the direction of the government for war.

Tom

[silverseeds]

I didnt like the ruling: not because of the result, but because of the division.  5-4?  This liberal/conservative split shows a real basic division on individual rights that should not exist.  That case should have been 9-0.

How much more plain can you get than "shall not be infringed upon"?

Tom

I agree 100 percent....

[wander]

What is amusing is that MSM is now decrying Clarence Thomas, practically calling him a racist.

http://www.washingtonpost.com/wp-dyn/content/article/2010/06/29/AR2010062905329.html

In a scorcher of an opinion that reads like a mix of black history lesson and Black Panther Party manifesto, he goes on to say, "Militias such as the Ku Klux Klan, the Knights of the White Camellia, the White Brotherhood, the Pale Faces and the '76 Association spread terror among blacks. . . . The use of firearms for self-defense was often the only way black citizens could protect themselves from mob violence."

This was no muttering from an Uncle Tom, as many black people have accused him of being. His advocacy for black self-defense is straight from the heart of Malcolm X. He even cites the slave revolts led by Denmark Vesey and Nat Turner -- implying that white America has long wanted to take guns away from black people out of fear that they would seek revenge for centuries of racial oppression.

Of course, Thomas's references to historic threats posed by white militias might have been dismissed if not for a resurgence of such groups in the year after Barack Obama's election as the nation's first black president.

What a strawman attack. Are we really supposed to believe that Thomas is a violent extremist who believed that the white man is a devil? This is supposition from someone who has no idea why Thomas stands they way he does. He is stating this as a reference to the 14th amendment, which says in Section 1:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Pretty damn clear to me, and Thomas gets in 100% right in my opinion.

Here is what he says:
http://www.law.cornell.edu/supct/html/08-1521.ZC1.html

I agree with the Court that the Fourteenth Amendment makes the right to keep and bear arms set forth in the Second Amendment “fully applicable to the States.”  Ante  , at 1. I write separately because I believe there is a more straightforward path to this conclusion, one that is more faithful to the Fourteenth Amendment ’s text and history.

     Applying what is now a well-settled test, the plurality opinion concludes that the right to keep and bear arms applies to the States through the Fourteenth Amendment ’s Due Process Clause because it is “fundamental” to the American “scheme of ordered liberty,” ante , at 19 (citing Duncan v. Louisiana , 391 U. S. 145, 149 (1968) ), and “ ‘deeply rooted in this Nation’s history and tradition,’ ” ante , at 19 (quoting Washington v. Glucksberg , 521 U. S. 702, 721 (1997) ). I agree with that description of the right. But I cannot agree that it is enforceable against the States through a clause that speaks only to “process.” Instead, the right to keep and bear arms is a privilege of American citizenship that applies to the States through the Fourteenth Amendment ’s Privileges or Immunities Clause.

[The Future]

What is amusing is that MSM is now decrying Clarence Thomas, practically calling him a racist.

Huh?  The article praises him....not decries him.