Important FED lawsuit: The Perfect Second Amendment Case? (post Heller).

[Philadelphia]

Originally Posted by Pa. Patriot

OK, folks, this looks important to me.
Please review and scrutinize. I refrain from posting my thoughts on it at this time other than: Why have I not heard of this before?!?

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The Perfect Second Amendment Case: The Flip-Side to Heller (The Right to Intrastate, Interstate, and Maritime Travel With an Open Carry Handgun as a Constitutional Right and as a Human Right)

http://americancommondefencereview.wordpress.com/

It's a double edged sword asking for any federal involvement in our present state based carry rights so I think the criticism of the NRA is misplaced. The NRA's (largely successful) strategy of pressing hard for shall issue licenses and reciprocity is legitimate and may well eventually lead to nationwide carry rights deviod of federal gov't involvment and meddling. Whether one thinks it's the best strategy or not, it's hard to ask "where are they."

I think Heller is still far too new to get used this way just yet. I hasn't even been incorporated as to the states yet (although a footnote in the decision itself discussing incorporation does foreshadow that as an extremely likely if not guaranteed result).

Likewise, the Heller decision, IMHO, indicates a willingness to declare carrying as an individual right. The Court carefully discusses the right to keep and bear arms as two separate things, and limits the right to carry in "sensitive" places to the point of assuming the right to carry in other than sensitive places has already been clearly established and need not even be discussed. Once Heller is incorporated, I would like to see states with outright carry bans challenged and go from there. That still remains a double edged sword.

If carry is explicitly declared a federal right, that invites the feds to regulate it and gives them a precipitating event as the excuse to do so. It's possible we may lose a lot of what we already have while wading through years if not decades of litigation to sort out the countours of that right under a federal scheme of all encompasing regulation (which if done in the coming adminstration would be "bad," to put it short). I think it's worth the risks for the long term gains, but not everyone does.

[headcase]

I have an engagement and will read through this thoroughly later, but having skimmed through it, the guy seems to be dead right, but his presentation is going to invite scorn as seen in d2's response....

[d90king]

I think if it was brought by someone else it would be more legit. It appears to have some merit but I am lost when it comes to maritime law etc. Is part of his argument that we are following international law?

[Shawn.L]

Originally Posted by LittleRedToyota

the JPFO does.

yep, love them

and GOA

http://www.gunowners.org/

[phillyd2]

Originally Posted by Pa. Patriot

What struck you as not "factual" or of substance in "law"?

His self righteous cocksure presentation will turn many off, IMHO.

To my reading it seems too full of victimhood and hot air. Instead of the usual hits about how anybody not supporting him is evil and references to Lexington and Concord how about a reasoned case based on the Constitution, writings from the Founders, the Federalist Papers, etc.

Read the Heller Case as filed along with the Courts ruling to see what I mean. This guy just seems very angry which overwhelms whatever case he is trying to make.

Don't know about anybody else but I'm more than sick of being considered less of a "Patriot" if I don't follow the party line exactly as presented by guys like this.

[Qtrborecrazy]

As a simple man I see it this way, we have some one willing to fight for all of our rights as gun owners and we should back him. Worried about out come is BS, do you really believe the gun grabbers worry if they win or loss? They just bring on the next law suit and look for a win just ask Chucky Schumer. I commend him for fighting the fight. Maybe if we were like him we would have more than just the Heller win in our column. When are you willing to stand up and go before the Supreme Court? He is a better man than I.

Qtrborecrazy

P.S. What has the NRA done
For you lately?

[Philadelphia]

Originally Posted by Qtrborecrazy

P.S. What has the NRA done For you lately?

Fought for and won CC in national parks.

[Dredly]

Originally Posted by Philadelphia

Fought for and won CC in national parks.

Give the money to SAF, they are much more effective in protecting our gun rights then the NRA, who is all about living the big life, paying their higher up's a lot of money and building massive ranges that noone can go to but that everyone pays for.

The NRA is so effective it only took 25+ years to lobby away the provision on CCW in national parks (that was put in by a republican btw)

Hooray for the NRA!

[625]

I just can't trust anyone that has a haircut that bad.

On a serious note, this guy seems as whacky as his hair. It's tough to take anyone serious that has a "citizen's arrest warrant" for a Supreme Court justice.