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elleng

(141,926 posts)
10. No. Briefly,
Tue Jun 14, 2016, 07:16 PM
Jun 2016

'Holding and Rule
The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

Constitutional Construction

The prefatory clause “A well regulated Militia, being necessary to the security of a free State” merely announces a purpose. It does not limit or expand the scope of the operative clause “the right of the people to keep and bear Arms, shall not be infringed.” The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms.

The militia consisted of all males capable of acting together for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable citizen militias, thereby enabling a politicized standing army or a select militia to rule. The Antifederalists therefore sought to preserve the citizens’ militia by denying Congress the power to abridge the right of individuals to keep and bear arms.'>>>

http://www.lawnix.com/cases/dc-heller.html


The Illinois Supreme Court in People v. Aguilar (2013), summed up the Heller's findings and reasoning:

In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court undertook its first-ever "in-depth examination" of the second amendment's meaning Id. at 635. After a lengthy historical discussion, the Court ultimately concluded that the second amendment "guarantee[s] the individual right to possess and carry weapons in case of confrontation" (id. at 592); that "central to" this right is "the inherent right of self-defense&quot id. at 628); that "the home" is "where the need for defense of self, family, and property is most acute" (id. at 628); and that, "above all other interests," the second amendment elevates "the right of law-abiding, responsible citizens to use arms in defense of hearth and home" (id. at 635). Based on this understanding, the Court held that a District of Columbia law banning handgun possession in the home violated the second amendment. Id. at 635.[46]

The core holding in D.C. v. Heller is that the Second Amendment is an individual right intimately tied to the natural right of self-defense.

The Scalia majority invokes much historical material to support its finding that the right to keep and bear arms belongs to individuals; more precisely, Scalia asserts in the Court's opinion that the "people" to whom the Second Amendment right is accorded are the same "people" who enjoy First and Fourth Amendment protection: "'The Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning.' United States v. Sprague, 282 U. S. 716, 731 (1931); see also Gibbons v. Ogden, 9 Wheat. 1, 188 (1824). Normal meaning may of course include an idiomatic meaning, but it excludes secret or technical meanings...."

With that finding as anchor, the Court ruled a total ban on operative handguns in the home is unconstitutional, as the ban runs afoul of both the self-defense purpose of the Second Amendment – a purpose not previously articulated by the Court – and the "in common use at the time" prong of the Miller decision: since handguns are in common use, their ownership is protected.

The Court applies as remedy that "[a]ssuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home." The Court, additionally, hinted that other remedy might be available in the form of eliminating the license requirement for carry in the home, but that no such relief had been requested: "Respondent conceded at oral argument that he does not 'have a problem with ... licensing' and that the District's law is permissible so long as it is 'not enforced in an arbitrary and capricious manner.' Tr. of Oral Arg. 74–75. We therefore assume that petitioners' issuance of a license will satisfy respondent’s prayer for relief and do not address the licensing requirement."

In regard to the scope of the right, the Court wrote, in an obiter dictum, "Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should 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."[47]

https://en.wikipedia.org/wiki/District_of_Columbia_v._Heller#Second_Amendment_findings_and_reasoning_for_the_decision

Recommendations

0 members have recommended this reply (displayed in chronological order):

I would add that full forensics must be documented on each firearm as well. Cassiopeia Jun 2016 #1
You realize a couple of afternoons at the range would invalidate those forensics hack89 Jun 2016 #5
You do know more than one state tried that and gave up after zero crimes solved Lee-Lee Jun 2016 #13
Well, if you only finger-printed 1000 people, then fingerprinting wouldn't work either Orrex Jun 2016 #47
Ahh yes, when something fails massively just try it bigger Lee-Lee Jun 2016 #55
You seem not to understand how reality works Orrex Jun 2016 #73
Neither do you, see post #5. Marengo Jun 2016 #79
Ballistic fingerprints change with gun use-- it'd be like a tire fingerprint. X_Digger Jun 2016 #89
It's amazing that gun-enablers can conceive of nothing to curb gun violence Orrex Jun 2016 #94
So.. ignore science, ignore the reality of MD & NY, and push something that doesn't work.. why? X_Digger Jun 2016 #99
So... No. Orrex Jun 2016 #101
Every new gun sold in MD had to have a casing submitted, for 15 years. 12 for NY. (340,000 in MD) X_Digger Jun 2016 #105
There is a fundamental difference you are ignoring hack89 Jun 2016 #88
But there was the potential... scscholar Jun 2016 #57
In the real world results matter Lee-Lee Jun 2016 #60
Not sure if serious.... TipTok Jun 2016 #90
What a waste Duckhunter935 Jun 2016 #29
All legal, all politically impossible hack89 Jun 2016 #2
Is registering our cars a violation of privacy? yardwork Jun 2016 #35
Driving is not a constitutional right hack89 Jun 2016 #39
No individual step would prevent all gun crimes/incidents mythology Jun 2016 #58
There are things we can do hack89 Jun 2016 #61
I'll disagree with a coposter. Igel Jun 2016 #75
Then the same could be true for guns... Blanks Jun 2016 #102
Seems to be the law in many states. safeinOhio Jun 2016 #37
I said they were legal. The 2A does allow strict regulation hack89 Jun 2016 #40
Waiting periods and extra costs, inconvenience ShrimpPoboy Jun 2016 #3
The 24th Amendment will figure in as well: Poll tax. Eleanors38 Jun 2016 #14
Will it? Here's the text: Orrex Jun 2016 #49
Transparent means of infringing on a right by cost and subterfuge. Precedent. Eleanors38 Jun 2016 #59
And the SCOTUS could easily rule that the 24th applies only to voting Orrex Jun 2016 #74
They could pull a squirrel out of their... TipTok Jun 2016 #91
Hardly as transparent as you want to pretend Orrex Jun 2016 #98
Orrex. Look in the mirror. There is the very meaning of "mantra." Right on cue. Eleanors38 Jun 2016 #95
and yet they have been upheld by the court. mopinko Jun 2016 #65
Some have and some havent ShrimpPoboy Jun 2016 #66
oh please. mopinko Jun 2016 #68
I dont support laws intending to completely prevent people from exercising a right ShrimpPoboy Jun 2016 #71
i dont need one mopinko Jun 2016 #76
Set a date in the near future...where all new guns have to be smart guns Fresh_Start Jun 2016 #4
Better make sure they work first Duckhunter935 Jun 2016 #34
I'm sure the manufactures safeinOhio Jun 2016 #38
I think that is your plan Duckhunter935 Jun 2016 #43
Well, it's been proven to not reduce crime with licensing Lee-Lee Jun 2016 #6
As stated above, half-assed measures obviously won't work. Orrex Jun 2016 #50
There are actually cases pending now on those fees Lee-Lee Jun 2016 #51
If I seek a redress of grievances in the courts, is that free? Orrex Jun 2016 #53
How about if you want to buy a new gun, you have to hand in two old ones to be destroyed? baldguy Jun 2016 #7
Sure, as long as my choices aren't limited. hack89 Jun 2016 #9
Jeez, you want to feed new gun sales? Enforced planned obslescence! Eleanors38 Jun 2016 #16
No, your choices should be limited. baldguy Jun 2016 #19
Then I won't support your way hack89 Jun 2016 #26
What are you goona do? Shoot me? baldguy Jun 2016 #27
No need to shoot anyone- you will simply be overwhelmed at the polls... friendly_iconoclast Jun 2016 #30
Knock yourself out Crepuscular Jun 2016 #31
No. Simply ignore you as in the past hack89 Jun 2016 #33
Sure hope calling more than half of safeinOhio Jun 2016 #42
Voters don't care that much hack89 Jun 2016 #44
Glad to hear that. safeinOhio Jun 2016 #48
Go for it Duckhunter935 Jun 2016 #36
We've tried it your way. It's been a spectacular, bloody failure. baldguy Jun 2016 #45
Yes... It has... TipTok Jun 2016 #92
What if I don't have two guns? Are saying only current gun owners should be allowed to buy new ones? cherokeeprogressive Jun 2016 #114
Get some non-asshat justices in SCOTUS, and gun safety laws will be perfectly within the 2nd Amend. backscatter712 Jun 2016 #8
You don't need a license or insurance to own or drive a car on private property hack89 Jun 2016 #12
No. Briefly, elleng Jun 2016 #10
Thanks (nt) Nye Bevan Jun 2016 #20
"nothing... should be taken to cast doubt:". I.e., they aren't addressing those issues. Eleanors38 Jun 2016 #21
...and this is why we need to win this November... backscatter712 Jun 2016 #69
How about we do the same to OTHER virginia mountainman Jun 2016 #11
See, this is what we're up against. Nye Bevan Jun 2016 #18
Until you change the Constitution it is the same Lee-Lee Jun 2016 #22
Some controllers here don't equate the 5th Amendment with other rights. Eleanors38 Jun 2016 #25
"We" seem to be up against a group of people Abq_Sarah Jun 2016 #64
Controllers always assume... TipTok Jun 2016 #93
We have. Have you not been reading the news lately? Crunchy Frog Jun 2016 #70
+1 uponit7771 Jun 2016 #86
Sounds like the only answer that DOES work is the one Australia uses. Ford_Prefect Jun 2016 #15
Nothing suggested will ever be accepted by the gun groupies liberal N proud Jun 2016 #17
I support mandatory firearm safety training TeddyR Jun 2016 #32
Is that before you can own a gun? liberal N proud Jun 2016 #41
It wouldn't work with rifles and shotguns. roamer65 Jun 2016 #23
This has been brought up before - NRA/gun nutz can't be bothered. tenderfoot Jun 2016 #24
Commentary SuperDutyTX Jun 2016 #28
Here's some honest questions for supporters of gun rights PJMcK Jun 2016 #46
I'll give it a try: EX500rider Jun 2016 #67
Life in a maximum security prison... Agnosticsherbet Jun 2016 #52
Really? Look at this forum davidn3600 Jun 2016 #56
Actually the best we could do was declare the NRA a terrorist organization. Agnosticsherbet Jun 2016 #63
Well that was ... creepy... TipTok Jun 2016 #96
The NRA doesn't tell the nuts what to think, the nuts make the NRA extreme Amishman Jun 2016 #106
LOL! Imprisoning people for their beliefs, now there's a progressive value. Marengo Jun 2016 #80
Not their beliefs, their actions. Agnosticsherbet Jun 2016 #81
The NRA owns vultures? TipTok Jun 2016 #97
Grammar, my nemesis. Agnosticsherbet Jun 2016 #103
How about the ones who claim to want to? beevul Jun 2016 #87
Sounds like it would fall into that "well regulated" part of the 2nd Amend NightWatcher Jun 2016 #54
According to the NRA all laws violate the Second Amendment n/t doc03 Jun 2016 #62
I don't think it would violate the 2nd amendment (Illinois does it, at least to some extent) Recursion Jun 2016 #72
Agreed and I don't think JustAnotherGen Jun 2016 #84
Congress's power is virtually unlimited. fleabiscuit Jun 2016 #77
Are bullets protected by the 2nd Amendment? RAFisher Jun 2016 #78
Yes. Just reading posts Jun 2016 #82
your reading assignment melm00se Jun 2016 #113
I've always believed that the 2nd Amendment allows the States to regulate the militia Sam_Fields Jun 2016 #83
Article I Section 8 gives that to Congress Recursion Jun 2016 #85
The states were mandated by the Articles of Confederation to keep up militias, jmg257 Jun 2016 #100
No, it wouldn't. What you suggested is no different than getting a voter ID card in some states tonyt53 Jun 2016 #104
Do you suppose that the people who ignore the current gun laws will comply with these requirements? WillowTree Jun 2016 #107
to misquote, "The 2nd Amendment is not a murder-suicide pact" SwankyXomb Jun 2016 #108
Require all legal firearm owners to be resposible owners too. Squaredeal Jun 2016 #109
Must be careful to remain practical. ImLiberalNotLeftist Jun 2016 #110
All bullets should have deaniac21 Jun 2016 #111
Most bullets fragment on impact NickB79 Jun 2016 #112
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