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Politics & Religion Well Since every damn forum has one. Might as well leave it out there. This place is loosely moderated and should not be entered if you're weak of heart.

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Old 06-27-2008, 10:25 AM   #1 (permalink)
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Default Will this change anything (outside of DC)?

Does this just uphold the status quo? Or will it cause any major changes to the way things are now?


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Landmark ruling fires challenges to gun laws


Landmark ruling fires challenges to gun laws - USATODAY.com


By Joan Biskupic and Kevin Johnson, USA TODAY
WASHINGTON — The Supreme Court's historic decision Thursday carving out an individual right to gun ownership immediately cast doubt on gun restrictions nationwide, as firearms-rights advocates prepared to file a new round of lawsuits testing the scope of the ruling.

Hours after the momentous 5-4 ruling that struck down a ban on handguns in Washington, D.C., gun rights supporters signaled they will challenge gun restrictions in cities and suburbs across the nation.

The majority opinion, written by Justice Antonin Scalia, established for the first time in U.S. history that the Constitution's Second Amendment gives individuals the right to keep guns at home for self-defense. Yet Scalia noted that a person's right to gun ownership is not unlimited. He said it would not likely override bans on concealed weapons; laws that prohibit felons and the mentally ill from possessing firearms; or those that ban firearms in government buildings and schools.

Beyond that, the court did not address what types of regulations would survive legal challenges. It did not say, for example, whether people have a right to carry guns in their neighborhoods, or keep them in their cars on the way to and from work.

Nevertheless, Thursday's ruling by the conservative-majority court represented a huge breakthrough for gun rights advocates who have long wanted the high court's confirmation that the Second Amendment guarantees individuals — and not just government militias — the right to bear arms.
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Old 06-27-2008, 11:08 AM   #2 (permalink)
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I think other than allowing DC residents to lawfully keep guns in their home, it is just going to uphold the status quo.

However, I think the greatest victory here is the slippery slop that could have started if the desicion had gone the other way.
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Old 06-27-2008, 11:21 AM   #3 (permalink)
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Quote:
Originally Posted by acalliste View Post
Does this just uphold the status quo? Or will it cause any major changes to the way things are now?
I don't think it is going to change much, if anything. The opinion was narrowly written to only address the prohibition of gun ownership in the home. It clearly upheld the right of state and local governments to require gun registration, even for use in the home, to deny a permit when the applicant is in defiance of standards set by other laws, and to prohibit public carrying.

The only place that might be affected might be Chicago and New York City, but neither of those cities have an absolute ban on gun ownership in the home like DC did. The Scalia opinion also left unanswered how this new opinion specifically applies to states, so we don't know how it resolves the long-standing precedent that the Second was only a prohibition on the Federal government.

The answers will be found through more lawsuits. The NRA has already filed a case against the City of Chicago. How that is answered will get us a lot closer to the practical meaning of this ruling.
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Old 06-27-2008, 11:22 AM   #4 (permalink)
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However, I think the greatest victory here is the slippery slop that could have started if the desicion had gone the other way.


No shit... that would have been ugly.
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Old 06-27-2008, 11:22 AM   #5 (permalink)
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Outside of DC? Maybe in Chicago and SF. But I don't really keep up with what they are doing in those towns.
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Old 06-27-2008, 11:23 AM   #6 (permalink)
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No shit... that would have been ugly.
Slippery SLOP is damn ugly.
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Old 06-27-2008, 11:27 AM   #7 (permalink)
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I think other cities with handgun bans will be scrutinized very closely. If they are essentially the same as DC's ban, they will be overturned as well. There will be a lot of bickering about what is "substantially" different and what is not.

I think long term, bans will all be abolished, but very tight regulation and restrictions on registration, will become the de facto bans.
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Old 06-27-2008, 11:28 AM   #8 (permalink)
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I am with BHD on this one. The only thing I can think it will do is get the NRA constituency riled up for the election, but even at that, it may not do much, since the election is still a few months away and a lot will happen between now and then.
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Old 06-27-2008, 11:28 AM   #9 (permalink)
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The only real change is that the nutjobs who argue that individuals do not have the right to bear arms got a great big STFU. It is not going to do much to make the status quo better, but it will help somewhat to keep things from getting worse.
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Old 06-27-2008, 11:59 AM   #10 (permalink)
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The only thing I can think it will do is get the NRA constituency riled up for the election, but even at that, it may not do much, since the election is still a few months away and a lot will happen between now and then.
I've been kicking around the political effects of this ruling and I don't know how it will change anything in this election.

The hardcore gun advocates keep trying to frame this argument like we're trapped in 1975. Look at the post in this thread about "slippery slopes". Its been more than thirty years and they're still preaching that The End Is Near, that we're always just one ruling away from the government taking all of our guns.

The NRA base will turn out in every election like they always do, and something close to 99% of them will vote Republican. But will they have any effect on other voters? I don't think so. The nation as a whole is sick and tired of this cowboy mentality that the base of the NRA thrives on. If they pull the Republican party to the right they will cost the GOP independent votes.
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Old 06-27-2008, 03:22 PM   #11 (permalink)
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I dont know if it will change much. I do believe it might give some the cause to contest certain laws on the books, they way they are written.
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Old 07-11-2008, 09:20 PM   #12 (permalink)
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Yes. I believe there was a couple of suits that were filed 72 hours after the SCOTUS decision. IIRC, they're both in Chicago.
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