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Old July 25th, 2009, 8:03 pm
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rigdoctorbri  Male.gif rigdoctorbri is offline
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Join Date: 14th April 2005
Location: Arguing with myself
Age: 46
Posts: 2,336
Re: U.S. Second Amendment: post-Heller

1. Do you agree or disagree with the SCOTUS ruling? Why?

I agree with it. The spirit of the Second Amendment goes back to a time when the government (King George III and his governors) restricted individuals rights to keep arms, out of a fear of insurrection. Since our system was established in such a way as to be designed so that no one should be fearful of the government, but that the government should be in fear of the people, I believe the restriction of firearms should not be limited.

As time progresses there should be a line drawn. For example certain inherently dangerous items, like unstable explosives, chemical, biological, or nuclear weapons must be restricted. Firearms, on the other hand, should be the right of the people.

On what level is another matter. Certainly not at the Federal or State levels, but I think it should be fine for a city to restrict them. After all, one can always move out of town. I don't think a blanket ban on firearms is constitutional though.

2. What are the likely ramifications of this decision on other cities with firearms restrictions, such as San Francisco or Chicago?

I haven't looked at San Francisco's law, but Chicago's isn't exactly blanket banning.

3. The Court seemed to think that some restrictions on firearms were permissible under the Second Amendment, leaving it to future cases to flesh out the specifics. What do you predict will be the outcome?

7 Day waiting periods and background checks are reasonable. Those who don't respect the law, don't deserve to have the tools that allow them to enforce their breakage. Restrictions on their carrying are fine, although I am in favor of allowing people carry concealed weapons, but that should be a community issue, not a State or Federal one.

4. What do you predict the practical real-world consequences of this case will be?

It will depend on how the Constitution is applied to similar but unique laws, and further testing by lawyers.

5. (New question): With Obama in the White House and a Democratically-controlled Congress, what direction do you think gun rights and restrictions will take?

I don't think there will be much difference. They may pass legislation, perhaps even Constitutionally questionable, but as there won't be much change in the political makeup of the Supreme Court, similar issues will probably net close to the same results. Should a Supreme Court Justice unexpectedly resign or pass away, then the balance will shift. Until then, we should expect more 5-4 decisions on the Second Amendment, and how it applies. Keep an eye on Kennedy for these issues. I think he will be the swing vote.


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