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When did 2nd Amendment come to mean "anything goes" (for guns) ? -- answer, SCALIA. (Original Post) UTUSN Apr 2021 OP
Pretty much, but took more than Scalia; elleng Apr 2021 #1
I love your scholarship - *and* music and other arts! - thanks. UTUSN Apr 2021 #2
Thanks, UTU; elleng Apr 2021 #3
'splain, please: This bird is named "Scalia"?! --- I'm a bit *dotty* as many will attest to here UTUSN Apr 2021 #4
The bird is Mr. Osprey! elleng Apr 2021 #5
Well, that explains everything - uh UTUSN Apr 2021 #6
Lovely malaise Apr 2021 #10
HEY, mal!' elleng Apr 2021 #12
Hey you malaise Apr 2021 #13
Since 1934 there have been Federal restrictions. SYFROYH Apr 2021 #7
Allow me to school.... stewrat Apr 2021 #8
Schooling accepted. Am reacting to current moves to "Constitutional Carry" doing away with Permits. UTUSN Apr 2021 #15
Scalia believed that the 2A allowed strict gun control hack89 Apr 2021 #9
Thanks. UTUSN Apr 2021 #16
Scalia really screwed us up. Baitball Blogger Apr 2021 #11
Its never been "anything goes" YMB Apr 2021 #14

elleng

(131,240 posts)
1. Pretty much, but took more than Scalia;
Sun Apr 18, 2021, 01:52 AM
Apr 2021

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 amendment’s 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.”

elleng

(131,240 posts)
3. Thanks, UTU;
Sun Apr 18, 2021, 02:03 AM
Apr 2021

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)
4. 'splain, please: This bird is named "Scalia"?! --- I'm a bit *dotty* as many will attest to here
Sun Apr 18, 2021, 02:17 AM
Apr 2021

SYFROYH

(34,185 posts)
7. Since 1934 there have been Federal restrictions.
Sun Apr 18, 2021, 05:21 AM
Apr 2021

Since then it’s never been “anything goes” anywhere in the US.

stewrat

(50 posts)
8. Allow me to school....
Sun Apr 18, 2021, 08:04 AM
Apr 2021

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)
15. Schooling accepted. Am reacting to current moves to "Constitutional Carry" doing away with Permits.
Sun Apr 18, 2021, 12:59 PM
Apr 2021

To my unschooled kneejerk self, it sounds like the gun nuts want "anything goes".






hack89

(39,171 posts)
9. Scalia believed that the 2A allowed strict gun control
Sun Apr 18, 2021, 09:35 AM
Apr 2021

All Heller allows is the ownership of a handgun in your home for self defense. Everything else is constitutional and fair game.

 

YMB

(63 posts)
14. Its never been "anything goes"
Sun Apr 18, 2021, 12:58 PM
Apr 2021

and thats not what Scalia says. Theres already a MASSIVE amount of gun laws across the US, they just dont all involve blanket bans.

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