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Posted: Mon Jan 14, 2008 2:44 pm Post subject: Pending U.S. Supreme Court Case
Statement of the National Rifle Association
By Wayne LaPierre And Chris Cox
On The Pending U.S. Supreme Court Case
In the coming months, the U.S. Supreme Court will consider the constitutionality of Washington, D.C.'s ban on handgun ownership and self-defense in law-abiding residents' homes. The Court will first address the question of whether the Second Amendment to the U.S. Constitution, as embodied in the Bill of Rights, protects the rights of individuals or a right of the government. If the Court agrees that this is an individual right, they will then determine if D.C.'s self-defense and handgun bans are constitutional.
The position of the National Rifle Association is clear. The Second Amendment protects the fundamental, individual right of law-abiding citizens to own firearms for any lawful purpose. Further, any law infringing this freedom, including a ban on self-defense and handgun ownership, is unconstitutional and provides no benefit to curbing crime. Rather, these types of restrictions only leave the law-abiding more susceptible to criminal attack.
The U.S. Government, through its Solicitor General, has filed an amicus brief in this case. We applaud the government's recognition that the Second Amendment protects a fundamental, individual right that is "central to the preservation of liberty." The brief also correctly recognizes that the D.C. statutes ban "a commonly-used and commonly-possessed firearm in a way that has no grounding in Framing-era practice," the Second Amendment applies to the District of Columbia, is not restricted to service in a militia and secures the natural right of self-defense.
However, the government's position is also that a "heightened" level of judicial scrutiny should be applied to these questions. The National Rifle Association believes that the Court should use the highest level of scrutiny in reviewing the D.C. gun ban. We further believe a complete ban on handgun ownership and self-defense in one's own home does not pass ANY level of judicial scrutiny. Even the government agrees that "the greater the scope of the prohibition and its impact on private firearm possession, the more difficult it will be to defend under the Second Amendment." A complete ban is the kind of infringement that is the greatest in scope. The U.S. Court of Appeals for the D.C. Circuit correctly ruled that D.C.'s statutes are unconstitutional. We strongly believe the ruling should be upheld by the U.S. Supreme Court.
The National Rifle Association will be filing an amicus brief in this case and will provide additional information to our members as this case moves through the legal process.
Please refer questions to NRA Grassroots at 1-800-392-8683.
I can't wait to see the outcome of this court process. One thing is for sure, The commies in Kalifornia are going to HATE this when the Supreme Court overrule all of their gun bans... LOL! I can't wait to see the look on Nancy Pelosi's face.
I don't know that they will overrule ALL gun bans, but the totalitarian gun bans of DC are, without question, unconstitutional.
Kalifornia has very restrictive gun laws, but they do not ban guns all together. I think a ruling in favor of the second amendment will however, open the floodgates to similar suits, and will eventually be beneficial to the entire country.
The trouble is, it takes years and years, and many many rulings from the idiots in district courts, before something actually reaches the Supreme Court. Most people just can't afford the hundreds of thousands of dollars that it costs to jump through the hoops of the appeals process... Which is absolutely NOT how the system was designed to work.
I can't wait to see the outcome of this court process. One thing is for sure, The commies in Kalifornia are going to HATE this when the Supreme Court overrule all of their gun bans... LOL! I can't wait to see the look on Nancy Pelosi's face.
The California gun boards have been going over this in some detail. Several court cases that were about to move forward appear to now be on hold until after the decision. If you want to read some very detailed, careful analysis by people who fight for their rights constantly, check out some of their comments. Not only will you read comments by people who've been to court, their lawyers post there too (there's even members from LE, feds,state and local, some openly {[(some (covertly) ] }
is one of the best CA boards I know of. These guys not only have to deal with the same lame Federal law we have to, they have to deal with some insanely crazy state laws and figure out how to reconcile them.
There's a lot of good information there, and some very smart people who are fighting for freedom on the front lines. They always appreciate support.
If you're into California bashing, please look here at this flashy thingy...nothing to see, move on.
URGENT ALERT: Ask Your U.S. Senators and Representative
To Sign The Amicus Brief Against The D.C. Gun Ban Today!
As the most critical Second Amendment case of our lifetimes is now before the Supreme Court, Sen. Kay Bailey Hutchison (R-Texas) is gathering signatures for an amicus (“friend of the court”) brief by Members of Congress. And we need your support to back up this important effort, today.
The case is District of Columbia v. Heller -- the case in which several District of Columbia residents have challenged the District’s laws that prohibit handgun ownership and armed self-defense in the home. This brief is an opportunity to show strong congressional support for the Second Amendment as protecting an individual right to keep and bear arms and not just a “right” to bear arms while serving in a government militia.
Sen. Hutchison’s brief points out the many occasions-from 1866 to 2005-when the Congress has spoken in favor of the Second Amendment as protecting the rights of individuals, and has taken action to protect those rights by law. Congress has also voted repeatedly to repeal the D.C. gun ban.
When Congress speaks, the Supreme Court listens. Every Senator and Congressman who supports individual rights should step forward to be heard by signing this brief. The brief is due within days, so we need your immediate help today.
Please call and email your U.S. Senators and Representative today and urge them to sign on to this critically important brief, which will be a key part of the legal battle to protect the Second Amendment in the U.S. Supreme Court.
Joined: 24 Nov 2007 Posts: 159 Location: Huntsville, Alabama
Posted: Sun Feb 03, 2008 4:16 am Post subject:
This is gonna be big! I think if the Supreme COurt supports the Second Amendment, its going to be a big support for all constitutional rights. I don't think the benefit will just be limited to gun owners. I hope that legislators take that into consideration when deciding how theya re going to support the brief.
_________________ AKA Loopster on HPFF
2 Hipoints (JHP 45 and c9)
+2 revolvers (Heritage .22 and Charter Arms .38Sp)
+2 rifles (MN 1944 and Marlin 6079)
+1 shotgun (S&W 3000)
+1 H&K .22-20ga
+1 FIE Titan .22auto pistol
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=9 different reasons to support the 2nd amendment
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