General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhen did 2nd Amendment come to mean "anything goes" (for guns) ? -- answer, SCALIA.
My mantra from now on. Surely to be schooled.
elleng
(131,240 posts)he just 'wrote' the Heller decision.
'A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. In Heller, Justice Antonin Scalia divided the amendment into a prefatory clause (militia) and an operative clause (right to keep and bear). Then, drawing on statutory interpretation texts, he announced that the militia language expressed the amendments purpose, but that a prefatory clause does not limit or expand the scope of the operative clause.'
https://www.theatlantic.com/politics/archive/2018/03/second-amendment-text-context/555101/
Part of the discussion in Sup Ct decision in Heller v. District of Columbia, that [D.C.s] ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.
UTUSN
(70,765 posts)elleng
(131,240 posts)not much scholarship here, but this Scalia bit's 'notorious.'
See this today? He's looking over his partner on the nest, incubating; more 'later!' Sadly, my radio station's changed it's format, makes sharing difficult.
UTUSN
(70,765 posts)elleng
(131,240 posts)Lives 6 months near my house 60 miles south of DC.
UTUSN
(70,765 posts)Thanks
elleng
(131,240 posts)Happy Sunday elleng
SYFROYH
(34,185 posts)Since then its never been anything goes anywhere in the US.
stewrat
(50 posts)In the Heller decision, Scalia wrote "the 2nd Amendment right to possess firearms does not confer a right to possess any firearm, anywhere, and for any purpose" and some gun regulation is presumptively lawful. .....This nugget in the decision is what Conn. used as authority to ban assault rifles in that state and could be used in every state to enforce registration and other gun regulations.
Not that I'm any kind of fa of Scalia but I think he got it right here.
UTUSN
(70,765 posts)To my unschooled kneejerk self, it sounds like the gun nuts want "anything goes".
hack89
(39,171 posts)All Heller allows is the ownership of a handgun in your home for self defense. Everything else is constitutional and fair game.
Baitball Blogger
(46,771 posts)If he had lived one more year, he would have made segregation compulsory.
YMB
(63 posts)and thats not what Scalia says. Theres already a MASSIVE amount of gun laws across the US, they just dont all involve blanket bans.