Thursday, June 26, 2008

Guntastic!

The Supreme Court issued their much awaited (by some) ruling (pdf) on the DC Handgun Ban. The Uncle is pleased, as is Nathan Moore...I'm fine with it. So far as I can tell, by reading the summary, nothing has changed anywhere else except for in DC, whose ban was over-the-top and unnecessarily punitive towards handguns.

What has changed? Well, the militia provision inside the 2nd amendment has been ruled unimportant, and therefore the individual right to keep and bear arms has been affirmed. Score for English majors.

But at the same time, it is still constitutional, according to the Scalia decision, to require registration and licensing of firearms "[a]ssuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home," as well as limitations towards which weapons could be held. Scalia's decision has upheld the limitations of the 2nd amendment, stating:

It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

So this might be a bit of a blow to those who were challenging restrictions on the carrying of firearms on college campuses.

I haven't read the dissenting opinions, nor do I really care all that much. So long as reasonable restrictions on the buying and selling of firearms, as well as who can carry and where, are still in place, I say lock and load.

13 comments:

SayUncle said...

YOur guy is doing his 'oh, i didn't mean being on the wrong side of history' dance.

Sean Braisted said...

Not really, the only quote they have is from an anonymous source inside the campaign...Obama has never commented on the validity of the DC handgun ban so far as I can tell.

TC said...

I'm more interested in Barry's response to yesterday's ruling on the death penalty and child rapists. Love to hear a defense on that one.

Sean Braisted said...

Look elsewhere.

GoldnI said...

TC, there's this amazing invention called "The Google." John McCain mentioned it once. If you had used it, you might have found something like this:

“I disagree with the decision. I have said repeatedly that I think that the death penalty should be applied in very narrow circumstances for the most egregious of crimes,” Obama told reporters at a press conference in Chicago.

The expected Democratic nominee said he believed the rape of a child “is a heinous crime” that fits the circumstance, siding with the four conservative justices who sit on the court, Chief Justice John Roberts, and Justices Samuel Alito, Antonin Scalia, and Clarence Thomas.

TC said...

Is that spelled with one oo or two?

So I see you've got the speaking out of both sides down also. Go back and read what he said.

There's a couple of interesting things. Not the least is the defense of State rights. Louisiana has the right to define "heineous crime" not the federal government. Not a usual Democrat stand is it?

Also why is a child rape worse then an adult rape? Is an elderly rape even worse? Why is the rape of a 12 year old worse then the rape of a 13 year old? a 15 year old? Life has a worth or not, the rest is all quanitative.

Lastly but not leastly, he's against the death penalty but also against a ruling that limits the use of the death penalty? Little gobbly gook isn't it?

Your quick attack back instead of thinking for a second is also indicitive of the "don't question or we'll end up with the really bad one" though process, which is quite disturbing. Sean I'll give you credit, you've cut your dosage of kool aid and are willing to look at some of the flaws. If Barry becomes President he's going to need to be held accountable just like any other politician, better start practicing now.

Sean Braisted said...

Well, in fairness to Obama, his position hasn't changed all that much.

In 2006, he said "I believe there are some crimes--mass murder, the rape and murder of a child--so heinous that the community is justified in expressing the full measure of its outrage by meting out the ultimate punishment."

Now, he's extended that to rapes that don't involve murder, which I disagree with.

As for why pre-pubescent child rape is worse than adult rape; it just is. Our society values a child's life over an adults. Its not a logic issue, its an emotional issue.

TC said...

Agreed. The states rights arguement is what throws me. Not sure if I agree or disagee, I'm not ussually a big defender of states rights, just found it curious.

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