SCOTUS Sets New Precedent

[jahwarrior72]

http://www.scotusblog.com/2010/02/a-...hts-precedent/

A new gun rights precedent
State court extends 2d Amendment
Lyle Denniston | Thursday, February 18th, 2010 4:57 pm

Washington’s state supreme court, deciding an issue that the U.S. Supreme Court will soon face, ruled on Thursday that state and local governments must obey the federal Constitution’s Second Amendment — protecting an individual right to have a gun. “This right,” the state Court ruled over two Justices’ protest, ”is necessary to an Anglo-American regime of ordered liberty and fundamental to the American scheme of justice.”

[Warpt762x39]

Good to hear.

[CHEMICAL]

sh!t!!!.....sh!t!!!....this is f@#king awesome!!!!...what will this do to places like jersey and new york?...cali???

EDIT: Calm down Chem, read the whole thing first damn it!

At this point, it is not clear whether the Court, even if it extends the Amendment’s reach, will establish a test for judging when a state or local law violates the personal right to a gun.

While the majority said it was not settling on a specific standard for judging the constitutionality of a particular state or local gun control law, it did refuse at this point to embrace the toughest test — that is. finding any such law invalid unless it could satisfy “strict scrutiny.”

hmmmm

[jahwarrior72]

the way the entire article reads, i'm not so sure if this helps us, or might hurt us down the road.

[CHEMICAL]

the way the entire article reads, i'm not so sure if this helps us, or might hurt us down the road.

yeah, after my initial glee I kinda felt the same way.....lets hope not.

[General Geoff]

Washington’s state supreme court, deciding an issue that the U.S. Supreme Court will soon face, ruled on Thursday that state and local governments must obey the federal Constitution’s Second Amendment

Sorry, had to

[LittleRedToyota]

the way the entire article reads, i'm not so sure if this helps us, or might hurt us down the road.

yeah. i am really afraid that when all these case are said and done we are going to end up with:

"the 2nd protects an individual right, and it does apply to state and local governments. however, it does not apply to machine guns, and any restriction on bearing arms in public is reasonable and allowed."

and we will have lost.

[YllwFvr]

yeah. i am really afraid that when all these case are said and done we are going to end up with:

"the 2nd protects an individual right, and it does apply to state and local governments. however, it does not apply to machine guns, and any restriction on bearing arms in public is reasonable and allowed."

and we will have lost.

Dont say it! You'll jinx us!

[TheF00L]

Post deleted by poster, as I am, doing to almost all my posts.

[MDJschool]

It was SCOWS and not SCOTUS who made the precedent.

So let me get this straight...
The court felt they could do an analysis of both the WA and US constitutions.
The court then refuses to do a pre-incorporation analysis which would obviously uncover Nunn v. State, 1 Ga. (1 Kel.) 243 (1846).
The court does a historical interpretation to understand the right to bear arms and again ignores Nunn v. State, going on to say 2A via DPC is okay even though they said they really didn't have to follow Slaughterhouse crap.
The court then makes note of the nice wording of the WA constitutional provision and actually mentions the supremacy clause (I am certainly impressed by that; our courts never had in our Art I Sec 21 cases, usually saying no right is absolute and may be reasonably regulated.)
Finally, the court says none of it matters, because the defendant didn't bring up the exact argument on the first several pages of the dissenting opinion.

So it was an inch away from being struck down?

If judges weren't full of such shit, they'd cite Bliss (I realize WA provisions aren't so exactly worded as ours compared to KY, but Bliss is an excellent teaching on supremacy) and Nunn, strike down the law, and be done with it. I will admit that opinion is full of nice things even where they, much like Heller, were unwilling to come out and make some decisions.

I guess I just feel like while WA showed up, it is quite unfashionably late to the party.