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ThoughtCriminal

(14,721 posts)
48. D.C. v. Heller did not overturn U.S. v. Miller
Mon Jun 22, 2015, 12:04 AM
Jun 2015
https://en.wikipedia.org/wiki/District_of_Columbia_v._Heller#Decision


(f) None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542 , nor Presser v. Illinois, 116 U. S. 252 , refutes the individual-rights interpretation. United States v. Miller, 307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes.

(2) Like most rights, the Second Amendment right is not unlimited. 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. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.

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Unconstitutional derby378 Jun 2015 #1
False. Of course, you never know how Scalia and the rest of the crazies will decide to re-interpret DanTex Jun 2015 #2
Unless you are unaware of the requirements of the NFA... derby378 Jun 2015 #6
You and Scalia think it's unconstitutional, of course. But there isn't any precedent at the moment DanTex Jun 2015 #7
Is there any ulterior motive in trying to link me to Scalia? derby378 Jun 2015 #9
You are echoing Scalia's beliefs on the second amendment. No ulterior motive, just a fact. DanTex Jun 2015 #12
No, I'm echoing the Constitution's position on the Second Amendment, that's all derby378 Jun 2015 #14
No, you are echoing Scalia's opinion on Heller. In fact, you are reading more into Scalia's opinion DanTex Jun 2015 #18
The old cannard that "the Second Amendment doesn't apply to the people" will be gone soon enough derby378 Jun 2015 #21
I'm not aware of that canard. But I agree that the next SCOTUS will have some important decisions DanTex Jun 2015 #22
I see a bit of debate between you and derby378 above rock Jun 2015 #67
Why should it more difficult for a person in NYC if he is a law abiding person? theycallmetrinity Jun 2015 #10
That's a separate question, of course. I brought up NYC as a response to the constitutionality DanTex Jun 2015 #13
It shouldn't be easier nor should it be harder if it's being done legally theycallmetrinity Jun 2015 #17
"Being done legally" depends on what the laws are. In NYC the laws are very stringent. DanTex Jun 2015 #19
Are you sure? derby378 Jun 2015 #23
We're talking about different laws here. But, yes, New Yorkers are happy with both. DanTex Jun 2015 #24
Duly noted - my bad derby378 Jun 2015 #27
Seriously? treestar Jun 2015 #51
I don't know if that is the case theycallmetrinity Jun 2015 #30
People in NYC think it should. DanTex Jun 2015 #31
I think maybe we are getting our wires crossed here theycallmetrinity Jun 2015 #37
$400 is not prohibitive. Also, people with less means suffer the most from gun violence and DanTex Jun 2015 #39
I then will agree to disagree with you on this point theycallmetrinity Jun 2015 #40
It's easier to buy beer in NH than in MA Recursion Jun 2015 #63
D.C. v. Heller did not overturn U.S. v. Miller ThoughtCriminal Jun 2015 #48
This is true, and for the following application derby378 Jun 2015 #49
Heller only prohibited outright bans like DC had Recursion Jun 2015 #62
You do realize that the Supreme Court held against individual ownership 4 times... Sancho Jun 2015 #54
Miller, Heller, and McDonald all confirmed the NFA Recursion Jun 2015 #60
YEAH! What you said! flamin lib Jun 2015 #3
Did you actually read the post, or just skim it? cherokeeprogressive Jun 2015 #4
Well, I didn't say that. Banning isn't necessary. There are plenty of countries where handguns DanTex Jun 2015 #8
They would have to hire tens of thousands of more agents theycallmetrinity Jun 2015 #5
Maybe, maybe not. But even if they did, it would be worth it. DanTex Jun 2015 #11
What you are proposing and it might be unintentional is theycallmetrinity Jun 2015 #15
Not really. A decent gun already costs $300-$500. If you can afford that, you can also afford DanTex Jun 2015 #20
The price will go up for the stamp if eveything is NFA theycallmetrinity Jun 2015 #26
Perhaps, and I have no problem with that. The important thing is the tens of thousands of lives DanTex Jun 2015 #29
I have a problem with it theycallmetrinity Jun 2015 #32
Well, you already need "means" to buy a gun, if "means" means a few hundred dollars. DanTex Jun 2015 #34
Not really theycallmetrinity Jun 2015 #36
Shotguns wouldn't be NFAed, so the cost of a shotgun wouldn't change. DanTex Jun 2015 #38
This could be the law of unintended consequences theycallmetrinity Jun 2015 #43
Manufacture of new automatic weapons is already illegal. So is modifying a semi-auto DanTex Jun 2015 #44
Right but the NFA is to control automatics and suppressor tranfers theycallmetrinity Jun 2015 #45
Well, then the new law would have to reinstate the 1986 ban on automatics. DanTex Jun 2015 #46
Like I wrote it happened here with the assault weapon registry theycallmetrinity Jun 2015 #47
Most giuns aren't all that cheap already. Erich Bloodaxe BSN Jun 2015 #59
When you add it all up Shamash Jun 2015 #25
Well, if the NRA is as weak and poor as you say, then maybe there is hope after all. DanTex Jun 2015 #28
Not as poor or weak as I say Shamash Jun 2015 #33
No, I don't think they are poor and weak. I think they are a strong, very effective special DanTex Jun 2015 #35
Fair enough Shamash Jun 2015 #41
I disagree that all 80 million gun owners side with the NRA, and there is plenty of DanTex Jun 2015 #42
Let's be clear on the definition of that Shamash Jun 2015 #50
Sorry, but a $200 registration to own a gun is not "classist". DanTex Jun 2015 #53
Post removed Post removed Jun 2015 #56
That's a good point. I'm not advocating for that. I'm also not advocating a poll tax. DanTex Jun 2015 #57
Good! Shamash Jun 2015 #61
Good. So now we can talk about gun control, which is a necessary public safety measure. DanTex Jun 2015 #64
I seem to be missing your point Shamash Jun 2015 #68
Without gun murders, the US would not be an outlier in terms of homicide rates among wealthy nations DanTex Jun 2015 #69
Disagree on a number of grounds Shamash Jun 2015 #70
OK, one by one. DanTex Jun 2015 #71
Gee, all those new jobs, well, that would be terrible now, wouldn't it! calimary Jun 2015 #16
Some clarification Lee-Lee Jun 2015 #52
Yes, in addition to NFAing handguns, they should also fix the corporation/LLC loophole. DanTex Jun 2015 #55
Funny, the RKBA group discusses the NFA all the time Recursion Jun 2015 #58
Hmm. The gungeon representatives who chimed in here don't seem very positive about NFA. DanTex Jun 2015 #65
His is definitely a minority position in the RKBA group Recursion Jun 2015 #66
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