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The
Below Comments Relate to this Newslink:
| Comment by:
xqqme
(2/13/2020)
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Those who cite dicta from a SCOTUS decision fail to also mention that those comments from the Justice(s) are not actually binding precedent, as they did not address the core question at issue, which is whether the specific restrictions in the D.C. code were at odds with the Constitutional Right to Keep and Bear Arms of the Second Amendment.
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Those issues are arguments for another day... another case, where pleadings can be made and evidence presented.
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SCOTUS rulings are VERY, VERY, NARROW in almost all cases, and the Heller decision is not exception. |
| Comment by:
PHORTO
(2/13/2020)
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Okay, let's!!!
"Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35-36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding." D.C. v. Heller (2008) |
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| QUOTES
TO REMEMBER |
| For, in principle, there is no difference between a law prohibiting the wearing of concealed arms, and a law forbidding the wearing such as are exposed; and if the former be unconstitutional, the latter must be so likewise. But it should not be forgotten, that it is not only a part of the right that is secured by the constitution; it is the right entire and complete, as it existed at the adoption of the constitution; and if any portion of that right be impaired, immaterial how small the part may be, and immaterial the order of time at which it be done, it is equally forbidden by the constitution. [Bliss vs. Commonwealth, 12 Ky. (2 Litt.) 90, at 92, and 93, 13 Am. Dec. 251 (1822) |
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