Monday, August 22, 2011

Didn't you folks get the Memo on Heller-McDonald?

Didn't you get the memo?

In case you missed it--Here's the Heller-McDonald language that says reasonable regulations are OK

And it's the words of "gun friendly" Scalia to boot:

Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. See, e.g., Sheldon, in 5 Blume 346; Rawle 123; Pomeroy 152–153; Abbott 333. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues. See, e.g., State v. Chandler, 5 La. Ann., at 489–490; Nunn v. State, 1 Ga., at 251; see generally 2 Kent *340, n. 2; The American Students’ Blackstone 84, n. 11 (G. Chase ed. 1884). Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Heller at 54-5
Which has as a footnote (26):
We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive.
Better yet:
But the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home. Heller at 64
Just to prove all that wasn't an aberration--From McDonald, which basically summarised Heller:

It is important to keep in mind that Heller, while striking down a law that prohibited the possession of handguns in the home, recognized that the right to keep and bear arms is not “a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.” 554 U. S., at ___ (slip op., at 54). We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as “prohibitions on the possession of firearms by felons and the mentally ill,” “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.” Id., at ___–___ (slip op., at 54–55). We repeat those assurances here. Despite municipal respondents’ doomsday proclamations, incorporation does not imperil every law regulating firearms. McDonald at 39-40

The only thing off the table is anything that purports to be a ban. Which leads to my question: had Chicago theoretically allowed for registrations (as does New York City) since that is not an “absolute prohibition”– would the law have passed constitutional muster? After all, NYC’s law has been around for 99 years: doesn’t that count as a longstanding regulatory measure?

Likewise, Candidates cannot say that gun laws violate the Second Amendment if they do not infringe upon the rights to truly “law abiding citizens” to own firearms. As the Court said (twice) “the right to keep and bear arms is ‘not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.’”

Oh, and don't forget the holding in Heller:
In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment , as does its prohibition against rendering Linkany lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.
Looks like registration doesn't violate the Second Amendment in Scalia's opinion.

And Heller was originally denied a permit:
Dick Heller is the man who brought the lawsuit against the District's 32-year-old ban on handguns. He was among the first in line Thursday morning to apply for a handgun permit.

But when he tried to register his semi-automatic weapon, he says he was rejected. He says his gun has seven bullet clip. Heller says the City Council legislation allows weapons with fewer than eleven bullets in the clip. A spokesman for the DC Police says the gun was a bottom-loading weapon, and according to their interpretation, all bottom-loading guns are outlawed because they are grouped with machine guns.
Some victory for the gun lobby!

And for those of you looking forward to fleshing out scrutiny, carry, and common use--Don't hold your breath:

“Three years and more than 400 legal challenges later, courts — so far — have held that the Supreme Court’s ruling in Heller was narrow and limited, and that the Second Amendment does not interfere with the people’s right to enact legislation protecting families and communities from gun violence.”

11 comments:

  1. Wonderful post. These things need continual repeating.

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  2. There was a guy here that kept posting that Heller decision was wrong.

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  3. I never said that it wasn't wrongly decided.

    Or that I like it. In fact, I dislike it quite a bit for reasons previously stated.

    But since you all are so enamoured of it, you need to be reminded that it isn't terribly gun friendly.

    It'll do for the time being until the pain that the right only applied to Article I, Section 8, Clause 15 & 16 militias subsides...

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  4. National concealed carryAugust 22, 2011 at 5:36 PM

    And we are not going to stop till it is interpreted as national concealed carry, see you in court.

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  5. Yes, but are you holding your breath?

    Or did the oxygen fail to go to your brain when you were a foetus?

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  6. Not holding my breath....August 22, 2011 at 7:25 PM

    ....you better not either, more and more cases on the way and you gun control whores are getting bent over by the SCotUS, just love it when you boot licking statists get effed by the court......

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  7. The it was due to your brain not getting enough oxygen in the prenatal phase.

    So far, it seems you are the ones getting effed by the court.

    "being necessary to the security of a free State"

    Yep, sounds statist to me.

    Do you know what you are talking about anyway?

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  8. Annoying statist whores is fun.....August 22, 2011 at 9:35 PM

    Yup keep whoring up the first part of that sentence, keep ignoring the second.....

    A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.

    Why even mention "the people"?

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  9. Asked and answered.

    Response found here:
    But it's a right of the people

    If you people can't come up with intelligent comments, I'm not going to bother wasting my time on them.

    And you can find the answer to most of your inane comments here

    I've got better thing to do with my time than try to educated the "uneducamable".

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  10. Annoying Anonymous, you bolded the wrong part. It's all in the first 3 words, which by the way should be rendered like this:

    A well-regulated militia

    You see in proper english the word well-regulated is hyphenated and counts as one word. That's why I always say "first 3 words."

    This is probably another thing your deified founding fathers got wrong. Forgive the blasphemy.

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  11. Under most of the canons of Statutory Interpretation, the class of the people is limited by the term militia. For example:

    Ejusdem generis ("of the same kinds, class, or nature")
    When a list of two or more specific descriptors is followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them. For example, where "cars, motor bikes, motor powered vehicles" are mentioned, the word "vehicles" would be interpreted in a limited sense (therefore vehicles cannot be interpreted as including airplanes).

    In pari materia ("upon the same matter or subject")
    When a statute is ambiguous, its meaning may be determined in light of other statutes on the same subject matter. That is the Second Amendment must be interpreted in light of the US Constitution's provisions relating to the militia.

    Noscitur a sociis ("a word is known by the company it keeps")
    When a word is ambiguous, its meaning may be determined by reference to the rest of the statute. That is the Second Amendment must be interpreted in light of the US Constitution's provisions relating to the militia.

    Reddendo singula singulis ("refers only to the last")
    When a list of words has a modifying phrase at the end, the phrase refers only to the last, e.g., firemen, policemen, and doctors in a hospital. In other words, doctors outside of a hospital are not covered.

    In the case of the Second Amendment, the word people reflects back to the Militia.

    The only way that the word "people" can be interpreted as the subject for the Second Amendment is to say that the first half is not important.

    That takes you into another realm:

    Cessante ratione, cessat et ipsa lex.(The reason of the law ceasing, the law itself also ceases)
    Which means that if the "cause/reason" for the Second Amendment was the "well-regulated militia", then it could be argued that when that reason ceased, the law ought likewise to cease with it. Thus, those who say that the militia portion is unimportant have made it clear that the reason is no longer valid, therefore, the Second Amendment is without effect and is now void.

    I am beginning to see Heller-McDonald as the opening blow to the uncomfortable reality that the Second Amendment is a dead letter in modern society.

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