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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. . Those issues are arguments for another day... another case, where pleadings can be made and evidence presented. . 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 |
By calling attention to a well-regulated militia for the security of the Nation, and the right of each citizen to keep and bear arms, our Founding Fathers recognized the essentially civilian nature of our economy. Although it is extremely unlikely that the fears of governmental tyranny, which gave rise to the second amendment, will ever be a major danger to our Nation, the amendment still remains an important declaration of our basic military-civilian relationships, in which every citizen must be ready to participate in the defense of the country. For that reason I believe the second amendment will always be important. --JOHN F. KENNEDY |
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