Gun Rights Upheld by One Vote
I had expected a better outcome than 5-4. Well, the optimistic side of me did; my realist instincts knew that it was going to be close and as usual my instincts were right.
Attorney David J. Schenk notes the significance of the close vote:
This decision, closely divided as it is, will likely provide a rallying cry for the millions of the Americans who recognize that their Second Amendment rights came down to a single vote.
In reading Justice Scalia’s opinion, there is an overwhelming theme that to interpret the Second Amendment as not protecting an individual right would gut the amendment of meaning and defy logic. It is, after all, the Second Amendment, not the two hundredth. This is not an obscure line buried among thousands of pages of text. It is inconceivable that the framers would have given it the priority they did, placing it ahead of so many other critical rights, if they only meant it to apply to militias as the dissenting justices suggest.
Defy logic? Inconceivable? Not these days. As the Pirate King notes this country is as polarized as ever, and SCOTUS reflects that polarity - although in fairness to the American people more than 5/9 people support the 2nd Amendment. Gallup has the “individual right” interpretation at 73% of the population, the vote should have been 7/2. Given the Supremes announced their support to protect child rapists from the Death Penalty yesterday I suppose I should be happy that a close win is still a win.
So why am I feeling like our country just had a brush with disaster? How could four of our top justices feel obligated to gut not the Third or the Twentieth but the Second Amendment of our Constitution? How could they believe it wise to insert the State into every home, every dark alley, every dangerous situation by removing the basic human right of protection from us? We’re Americans; we don’t lose rights we gain them and extend them to others. Heck. the same SCOTUS in its wisdom decided to give our rights to al-Qaeda this term. The least it could have done is allowed Americans to have the rights embedded in their own Constitution.
At least 6-3 could have been written off by saying that 3 of the old coots had forgotten what it’s like not to be protected day and night by Secret Service details - luxuries that most of us don’t have. But there is no excuse for 4.
UPDATE: The Obamassiah is straddling the issue according to this AP article:
“I have always believed that the Second Amendment protects the right of individuals to bear arms, but I also identify with the need for crime-ravaged communities to save their children from the violence that plagues our streets through commonsense, effective safety measures,” Obama said.
That’s straddling? Sounds more like a quantum superposition to me. I guess I’m just too dumb to realize that it is possible to protect my right to bear arms and the community’s right to ban them. Of course his campaign blamed a spokesman for saying that Obama called the DC ban “constitutional”. You know for being the Liberal messiah he sure has some lame apostles around him. Of course the AP found otherwise.
The Democrat’s campaign said a spokesman made an “inartful” statement when he said in November that Obama believed the D.C. law was constitutional. But Obama himself did not correct a debate moderator who repeated the position in February.
“You said in Idaho recently, I’m quoting here, ‘I have no intention of taking away folks’ guns.’ But you support the D.C. handgun ban and you’ve said that it’s constitutional,” said the moderator, Leon Harris of Washington television station WJLA. Obama nodded as Harris spoke and said: “Right, right.”
“How can you reconcile those two different positions?” Harris asked.
Obama answered that the United States has conflicting traditions of gun ownership and street violence that results from illegal handgun use. “So, there is nothing wrong, I think, with a community saying we are going to take those illegal handguns off the streets,” Obama said.
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18 comments
"At least 6-3 could have been written off by saying that 3 of the old coots had forgotten what it’s like not to be protected day and night by Secret Service details - luxuries that most of us don’t have. But there is no excuse for 4. "
I must agree with you there causes I am an ole’ coot myself
Probably, the correct constitutional result.
HB
The more I think about the result the madder I get. The same 4 who fail to recognize a written right in the US Constitution recognize implied rights like a woman’s "right" to choose and the "right" to privacy that underlies it. Now for what it’s worth I support a woman’s "right" to choose but I don’t recall seeing that right in the US Constitution last time I checked.
Probably, the correct constitutional result ?
Hank, we coulda morphed into the UK for want of another liberal-socialist Supreme.
SCOTUS is protected by US Marshals, not Secret Service.
You don’t expect our robed masters to share?
[…] at Dean’s World. Category: Guns & Target Shooting | Comment (RSS) […]
Obama is gonna take gas on this one.
Earlier today Obamessiah, said something like,
"Yeah, well, I believe in the 2nd Amendment too, BUT, it depends on how IT is implemented".
That’s really encouraging for the guy that supposedly is going to pick the next Supreme, huh ?
And he’s a Harvard gradiate in law. Course that means some Constitutional amendments can be ignored.
"That’s really encouraging for the guy that supposedly is going to pick the next Supreme, huh ?And he’s a Harvard gradiate in law. Course that means some Constitutional amendments can be ignored."
The thought of Obamessiah getting elected scares me a lot. The thing that has upset me is if he is elected by the Obama mania group is that he would select the Supreme’s.
I am so glad this passed and I wonder when it will be brought up again. I do not own a gun but I surely would like to. I live alone with my two cats (sound typical for an ole’ coot right?
and I do worry. I had my apartment robbed in 04 0r 05 not really sure but my grandson was born around the time that happened to me and for months I was so peranoid (literally) that it would happen again. I moved from there but you never know. I sure hope we can maintain this law about the right to bare arms.
Janelle,
I’ve heard stories about how being the victim of a robbery can shatter your perceptions of safety. That it’s one of the worst feelings of violation an individual can experience.
I’d say, for home defense, a shotgun is your best bet. You don’t need to be as precise in your aim as with a handgun and, better still, the sight of it, or the sound of it racking (when you load a round into the barrel) is often enough to send a would-be robber packing.
The good news is that you can buy a shotgun off the shelf and walk out of the store with it in most states. In fact, I can’t think of a state where you can’t. There’s no waiting period or background check to worry about. Walk in to Wal-Mart, walk about with a shotgun.
“I have always believed that the Second Amendment protects the right of individuals to bear arms, but I also identify with the need for crime-ravaged communities to save their children from the violence that plagues our streets through commonsense, effective safety measures,” Obama said.
Translation: Look, I have to say that I hate guns in order to appease the leftish base that supports the Democratic party. However, I realize that trying to get guns banned in the U.S. is just as fruitless a waste of time as Geroge Dubya Chimp’s brilliant crusade to have the definition of marriage changed constitutionally. This shit is never going to happen because there will never be enough people to vote on such a radical idea. You’re never going to lose your guns so quit your paranoid shit already.
Clinton was going to ban all guns, Carter was going to ban all guns… etc. If you listen to backwards propaganda written by people with a 3rd grade vocabulary you will find that every Democrat since the dinosaurs gave piggy back rides to cavemen has been trying to ban guns and all have failed! Rejoice in the fact that we can all have firearms forever and ever.
Kevin D, It did shatter my perceptions of reality terribly. It was a few months later that I had an alarm company come out and give me an estimate of a good system. I had the system the apartment complex gave us but even that I had no trust in. The man that came out from Brinks made me feel so much better because I was really a nutcase. I shared with him the story and how I felt sure it was the maintance men of the old apartment where I lived. I told him how my single upstairs neighbor came down when the police cars were outside my apartment and she said immediately she felt it was maintainence that came into her apartment and instead of the management letting her out of her lease they put her in the second floor.
Anyway, the man from Brinks said what you did Kevin. He thought a rifle was good and then he told me he too had been robbed and he was a retired policeman, and that for a good year after that he did not trust anybody.
I want to sincerely thank you for the site you gave me above. I did not realize a shotgun could be bought for just a bit over $200.00. I will go look in Walmart soon.
It may sound stupid but when maintainence comes to do something around here I make sure I know exactly what time they are coming so I can watch them. I have some very nice jewelry and some beautiful collectables. I could not afford Brinks where I am an have to use the apartments security that is in my home.
Oh, where would I go to learn how to shoot the shotgun? I love the idea of just how the intruder could hear the racking! I may have just asked a stupid question that would be obvious to gun owners but what the heck I would really be interested in knowing.
I think it would be cool to be a grandma with two cats touting a shotgun…"Go Ahead, Make My Day!"
Oh my. A full day later, and no-one has noted that stating the right described in the 2nd is an individual, not collective/government, one was UNANIMOUS, folks! Yeah, dissenters muttered the authors of the Amendment should have said the right was government`s which could be doled out as a privilege by officials - but they agreed it was stated as a right of the individual in the Constitution.
Mostly the dissent was five for striking down the ban vs four for just affirming the individual right and sending the case back to the lower court.
—– Just precious: E. J. Dionne jr. not only seems to have read nothing but the headlines before writing a screed in which almost everything he says is wrong, but claims it to be just part of the continual judicial activism of conservative Justices!
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/26/AR2008062603655.html
Janelle,
Consult your local gun store. Look for gun ranges that allow you to practice with a shotgun. Also, there are places that train people in firearm use. Your local gun store is a good place to start overall. Your local police department might be as well. I say "might" because some police get real weird with law abiding citizens and their firearms.
Thanks, and I sure will do as you suggested.
Oh, where would I go to learn how to shoot the shotgun?
As Kevin stated your local gun store should have tons of info. In fact if you want a state run thing, your average local state-sponsored hunter’s safety course will go through all the basics, at least mine did. You also can get hunting permits too! Not sure if that’s your thing though, heh, but it is an added feature. I believe the fee is nominal. You won’t get the ins and outs on automatic weapons of course, but they will definitely cover shotgun use (including tips on how not to blow your own face off with the thing), which is what you needed.
Oh, BTW you can go to Wal-Mart and walk out with a shotgun, but I would seriously go to a Gun Store. They will know exactly what you need and have better answers if you have questions.
Yeah, I mainly used Wal-Mart as an example of how easy it is to obtain a shotgun. But, it doesn’t hurt to shop around. Going to a gun store first is highly recommended, you can get your questions answered there and see what they’re wanting for various kinds of shotguns. Then feel free to shop around. Someone might have what you’re looking for cheaper - like Wal-Mart.
Kevin & Rogge,
I will do as you two suggested and I appreciate you both for taking the time to wwrite the above, thank you
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