Supreme Court Will Hear D.C. Guns Case

[Sebastian]

One thing that no one seems to be taking into consideration is that the court could hold that it is unconstitutional only in areas such as DC that are subject to Congressional oversight for the majority of its laws. That could be a real clusterf$$k.

This requires a bit of an explanation in detail. One of the reasons DC v. Heller is such a good case is because it's clean and uncomplicated. Because the Second Amendment has never been ruled on before, it's also never been "incorporated" with the rest of the Bill of Rights as being taken to apply to the states as well as the federal government, using the fourteenth amendment.

Prior cases, like Silveria v. Lockyer, which challenged the California Assault Weapons ban would have required the court to decide two issues, whether or not the second amendment protects an individual right, and whether the second amendment is applicable to the states through the 14th amendment. You typically don't want to ask too much of The Court in a single case.

By challenging the DC gun ban, where Congress is the ultimate governing authority, The Court doesn't have to address the 14th amendment question, and can instead only focus on whether or not the second amendment protects an individual right. The actual question before The Court is whether or not the second amendment protects an individual right, and whether that invalidates the DC gun ban. For the sake of binding precedent on lower courts, it's only the justification The Court uses to invalidate The District's gun ban that matters. The Supreme Court can say other, unrelated statements about the second amendment "dictca", but those statements aren't legally binding.

So in essence, the Supreme Court ruling will only throw out the DC gun ban, and nothing more, because nothing more is being asked of it. But the grounds on which they use to do that will be binding on all the other federal circuits, leaving open challenges to other gun bans in other federal circuits. And remember, the federal government resides in Washington DC, so any suit against the federal government can be brought through the DC circuit, which we know is friendly toward gun rights already.

[Sebastian]

If you guys want a DC v. Heller cause to give to, I would suggest Academics for the Second Amendment.

A lot of groups are going to need funding to put together amicus briefs in our favor before The Court. It's not cheap to do, but it's important.

[rwilson452]

I note in the grant of cert. that it sates the question to be addressed includes handguns and other firearms. I think the addition of other firearms is significant. If we win this it could affect other gun bans I'm thinking.

[feedlip]

i trust this govt. and its appointed courts to protect my rights as much as i trust my 14yr old dog to not piss on the floor when i'm gone.i'm holding my breath!if all else fails i'll join up with every pafoa member in a "well regulated militia".we might have to play the words like they do and exploit the loopholes.sorry if i seem pessimistic,but don't think for a second that if the dc case is upheld that it won't spread like wildfire.gun grabbers will have new ammo,hitlery will be pres.enslavery will be jumpstarted,crime rates soar.......if we can't defend ourselves will citizen owned body armor be illegal? like i said im holding my breath.

[wewo]

Originally Posted by MarcS

Considering how badly DC botched their breif, yeah. I'm optimistic that the court won't rule against us, but i have no faith that they won't make a ruling so incredibly specific that it won't be applicable to, well, anything.

Marc, where did you find their brief? I would like to read it too.

[NineseveN]

Originally Posted by wewo

Marc, where did you find their brief? I would like to read it too.

Updates can be found at:
http://www.dcguncase.com/blog/


The brief is here.
http://www.gurapossessky.com/news/pa...t_petition.pdf

[Sebastian]

but don't think for a second that if the dc case is upheld that it won't spread like wildfire.gun grabbers will have new ammo

Strictly speaking, you want the DC v. Heller case upheld by the Supreme Court. It's DC that's challenging the lower court's ruling that their gun ban is in violation of the second amendment. If the court upholds the ruling of the lower court, the second amendment means what it says, and DC's gun ban is toast.

[feedlip]

sebastian,you said it exactly how i meant to say it.fingers crossed and still holding my breath.

[TwistedCopper]

Before anyone throws up the hands saying what's the use, consider that a resident of DC can't even OWN a pistol as it is now.

We really need this ruling to go in favor of individual rights.

[rwilson452]

I feel confident he supreme court will rule the DC pistol ban unconstitutional, the trick will be in the details of it's opinion. Although it might not ban bans outright, it might set up a viable argument to challenge them in court . In the end we will not know until we see their opinions. An overturn of the DC ban will in any case open the door for more challenges to existing laws. It wouldn't suprise me in the least to see someone challenge a law out west and give the supremes another reason to smack the fingers of the the 9th circuit court again.