GUN Congress comes out in support of the 2nd

Discussion in 'On Topic' started by SickOfItAll, Nov 24, 2009.

  1. SickOfItAll

    SickOfItAll The Bartender

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    Today, both houses of Congresses jointly issued an amicus curiae, or "friend of the court" briefing supporting incorporation of the second amendment.

    http://www.nraila.org/media/PDFs/litigation/mcdonald_ac_congress..pdf

    Bipartisan, and north of 50% of each house signed it. DC v Heller may have some teeth, and if the Chicago challenge makes it to SCOTUS, this could be the crack that breaks the dam that finally overturns a lot of the state and municipal bans. Just thought you guys would want to know. :coold:
     
  2. Paul Revere

    Paul Revere OT Supporter

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  3. SickOfItAll

    SickOfItAll The Bartender

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    Oh, and if this DOES lead to incorporation of the 2nd, it also makes it a MUCH more difficult process to undo. Think 21st amendment undoing the 18th and the Volstead Act.
     
  4. SnakeEater

    SnakeEater OT Supporter

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  5. Surprising. Great news though.
     
  6. pyite

    pyite Member

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    wow....awesome.


    ibtrickerybydems
     
  7. Matt2000ss

    Matt2000ss OT Supporter

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    i am a complete idiot with this stuff, what exactly does it mean "incorporation of the 2nd amendment"?
     
  8. Ford4Life

    Ford4Life Guest

    It means the 2nd amendment would apply to state laws/regulations. They could not pass independent bans like they can now.
     
  9. Hibidi-Shibidi

    Hibidi-Shibidi New Member

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    I'm pretty sure that I still can't find all the ammo that I would like from all of you chicken little mother fuckers saying that the sky was falling and that The new administration would be taking all of my guns.

    It seems as though 2A rights are only getting stronger and things are actually getting better for gun owners. It seems the only people still propagating all of the fear mongering is the local gun shops that got a taste of gold when the rush hit.

    Am I missing something here?
     
  10. no7fish

    no7fish New Member

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    I'm guessing the fear of legislation caused a bunch of people to speak up, which resulted in stronger support being heard rather than just the loudest on either side. It's proof of both what we can do with proper motivation and also that the other side is genuinely unpopular to the average public :)
     
  11. SoonDubu

    SoonDubu The most honest moment in a man's life is the five OT Supporter

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    great!


    i hope they repeal that handgun ammo b.s. in cali :x:
     
  12. bearsdidit

    bearsdidit OT Supporter

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    :x::x::x::x:
     
  13. Matt2000ss

    Matt2000ss OT Supporter

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    :bigthumb:
     
  14. Dumbstixlars

    Dumbstixlars Ron Paul/AR-15/Glock/old car/Scooby/R/C croo OT Supporter

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    I wasn't too worried about new bans, but its kinda moot since this administration is ass-fucking everything else it touches.
     
  15. GearHead

    GearHead Active Member

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    Didn't SCOTUS already agree to hear McDonald?
     
  16. XR250rdr

    XR250rdr OT Supporter

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    AW ban first
     
  17. Bacardi 151

    Bacardi 151 New Member

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    Both would go if the 2nd gets incorporated. :bowdown:
     
  18. konrad109

    konrad109 New Member

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    Yup.

    www.chicagoguncase.com

    Shoudl have a decision by summer.
     
  19. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    :bowdown:
     
  20. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    The 14th Amendment says "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    That means all rights of a citizen of the United States, e.g. the Bill of Rights, are applied at the state level. But because a US Citizen has a lot of rights that politicians don't like, e.g. the right to keep and bear arms, the Supreme Court invented a legal doctrine called "selective incorporation", whereby they pick and choose which rights the 14th amendment means when it says "NO state shall make or enforce ANY law which shall abridge the privileges or immunities of citizens of the United States".

    Incorporation would apply the 2nd Amendment at the state, county, and municipal levels, and it would become :)rolleyes:) as much a right as freedom of speech and right not to be a witness against yourself.
     
  21. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    Letting my paranoid and cynical streak run with the ball...

    It could be that democrats are confident that they have 5 antigun votes in the SC, and are signing onto this to look good and get reelected, even though they really oppose it.

    People in congress do shit like that all the time. It's really easy for a rep or senator who's up for reelection to cast a vote that will be popular in his district when he knows there's no chance it will pass.
     
  22. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    58 senators and 251 representatives? That's pretty good - 58% of each house. :eek3:
     
  23. SickOfItAll

    SickOfItAll The Bartender

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    This would give SCOTUS the ability to incorporate the 2nd and decide the case in one fell swoop. Hell, SCOTUS could incorporate even before McDonald is argued before them, and simply say that incorporation is their decision and is a de facto ruling in favor of McDonald, overturning the Chicago ban.

    Yes, that's pure speculation, but it's possible.
     
  24. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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  25. Crossett

    Crossett New Member

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    In my mind

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