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In reply to the discussion: So if you are wrongly put on a watch list, how do you get off it? [View all]friendly_iconoclast
(15,333 posts)66. Well, Heller was upheld 8-0 in March. Here's the decision, it's not a long one:
I give you Caetano v. Massachusetts:
http://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf
Cite as: 577 U. S. ____ (2016)
Per Curiam
SUPREME COURT OF THE UNITED STATES
JAIME CAETANO v. MASSACHUSETTS
ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME
JUDICIAL COURT OF MASSACHUSETTS
No. 1410078. Decided March 21, 2016
The Court has held that the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding, District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this Second Amendment right is fully applicable to the States, McDonald v. Chicago, 561 U. S. 742, 750 (2010). In this case, the Supreme Judicial Court of Massachusetts upheld a Massachusetts law prohibiting the possession of stun guns after examining whether a stun gun is the type of weapon contemplated by Congress in 1789 as being protected by the Second Amendment. 470 Mass. 774, 777, 26 N. E. 3d 688, 691 (2015).
The court offered three explanations to support its holding that the Second Amendment does not extend to stun guns. First, the court explained that stun guns are not protected because they were not in common use at the time of the Second Amendments enactment. Id., at 781, 26 N. E. 3d, at 693. This is inconsistent with Hellers clear statement that the Second Amendment extends . . . to . . . arms . . . that were not in existence at the time of the founding. 554 U. S., at 582.
The court next asked whether stun guns are dangerous per se at common law and unusual, 470 Mass., at 781, 26 N. E. 3d, at 694, in an attempt to apply one important limitation on the right to keep and carry arms, Heller, 554 U. S., at 627; see ibid. (referring to the historical tradition of prohibiting the carrying of dangerous and unusual weapons). In so doing, the court concluded that stun guns are unusual because they are a thoroughly modern invention. 470 Mass., at 781, 26 N. E. 3d, at 693694. By equating unusual with in common use at the time of the Second Amendments enactment, the courts second explanation is the same as the first; it is inconsistent with Heller for the same reason.
Finally, the court used a contemporary lens and found nothing in the record to suggest that [stun guns] are readily adaptable to use in the military. 470 Mass., at 781, 26 N. E. 3d, at 694. But Heller rejected the proposition that only those weapons useful in warfare are protected. 554 U. S., at 624625.
For these three reasons, the explanation the Massachusetts court offered for upholding the law contradicts this Courts precedent. Consequently, the petition for a writ of certiorari and the motion for leave to proceed in forma pauperis are granted. The judgment of the Supreme Judicial Court of Massachusetts is vacated, and the case is remanded for further proceedings not inconsistent with this opinion.
I pointed out in another thread:
Also, don't count on this being overturned anytime soon:
Even if President Clinton names two or three utterly anti-gun justices
to the SC, that would still leave it with six or seven justices that signed their names to the above...
Even if President Clinton names two or three utterly anti-gun justices
to the SC, that would still leave it with six or seven justices that signed their names to the above...
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Haven't you heard? Due process doesn't matter any more, and secret government lists are good.
Just reading posts
Jun 2016
#1
"You gun nutz will never ever understand logic" I understand situational ethics palmed off as logic
friendly_iconoclast
Jun 2016
#35
Fuck all attempts to limit rights via demagoguery and misrepresentation
friendly_iconoclast
Jun 2016
#62
Well, Heller was upheld 8-0 in March. Here's the decision, it's not a long one:
friendly_iconoclast
Jun 2016
#66
So you have a "right" to get drunk, operate a motor vehicle, and kill people?
oneshooter
Jun 2016
#87
You attribute a sentiment to your interlocutor they did not, in fact, express.
friendly_iconoclast
Jun 2016
#33
"paranoid"...for taking her at her word? Or you at *your* word, for that matter?:
friendly_iconoclast
Jun 2016
#63
Start going after civilians with the military, and that will change in a hurry
friendly_iconoclast
Jun 2016
#68
"What are they afraid of?" Ask the NRA, I'm not a member and thoroughly dislike them.
friendly_iconoclast
Jun 2016
#73
for people buying something that I don't think they should be allowed to have anyway
lapfog_1
Jun 2016
#55
That's incorrect in just about every way. A 'spree killer' is defined by multiple locations
Bluenorthwest
Jun 2016
#88
I agree. I want gun control, but ignoring due process is not the way to go about it.
uppityperson
Jun 2016
#7
For example, if your name was something relatively common, like Paul Ryan? nt
Electric Monk
Jun 2016
#19
I wouldn't have a problem with that. I think, if you need to buy a gun in a hurry, you're probably
Electric Monk
Jun 2016
#23
Peace out, this has been a lively discussion but now I need some shut-eye...
friendly_iconoclast
Jun 2016
#74
The legal precedent used to justify this could very well by applied elsewhere as well
Lurks Often
Jun 2016
#93
Death. Once the Security State has given you the Scarlet Letter you're fucked.
Odin2005
Jun 2016
#89