Jugrnot•

So basically they want the justices to ignore the facts and make their ruling on hoopla and hyperbole? Tell me again how the Democrats are the party of the little people?

47
ILikeBigAZ•

Pesky fact: The conservative wing of the Supreme Court ruled, I quote "Like most rights, the right secured by the Second Amendment is not unlimited"

-28
rubyred_redditor•

I do agree it is obviously limited...prisoners in jail do not have the right to have a gun in their cell.

30
RPDBF•

There needs to be a good appeal process before enacting that though

1
orthag•

And lets be real here, the mentally ill and the chronically criminal should be restricted from purchasing weapons.

-4
PeacefullyInsane•

First define "mentally ill" and "chronically criminal" before I argue with you.

2
ILikeBigAZ•

That is a slippery slope.

-20
kitfox•

Especially with Trump planning to build a wall around the country.

7
CTFirearmsowner•

Quoting out of context, and incompletely does not make your statement correct. The assumption that people use is that the "not unlimited" means what you want it to mean. It does not, and the same ruling explains it.

Original quote, with context:(PDF Warning

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. Pp. 54–56.

Clarified further:

There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms. Of course the right was not unlimited, just as the First Amendment’s right of free speech was not, see, e.g., United States v. Williams, 553 U. S. ___ (2008). Thus, we do not read the Second Amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the First Amendment to protect the right of citizens to speak for any purpose. Before turning to limitations upon the individual right, however, we must determine whether the prefatory clause of the Second Amendment comports with our interpretation of the operative clause.

And Explained FULLY:

Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. See, e.g., Sheldon, in 5 Blume 346; Rawle 123; Pomeroy 152–153; Abbott 333. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues. See, e.g., State v. Chandler, 5 La. Ann., at 489–490; Nunn v. State, 1 Ga., at 251; see generally 2 Kent *340, n. 2; The American Students’ Blackstone 84, n. 11 (G. Chase ed. 1884). 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.26

We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those “in common use at the time.” 307 U. S., at 179. We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of “dangerous and unusual weapons.” See 4 Blackstone 148–149 (1769); 3 B. Wilson, Works of the Honourable James Wilson 79 (1804); J. Dunlap, The New-York Justice 8 (1815); C. Humphreys, A Compendium of the Common Law in Force in Kentucky 482 (1822); 1 W. Russell, A Treatise on Crimes and Indictable Misdemeanors 271–272 (1831); H. Stephen, Summary of the Criminal Law 48 (1840); E. Lewis, An Abridgment of the Criminal Law of the United States 64 (1847); F. Wharton, A Treatise on the Criminal Law of the United States 726 (1852). See also State v. Langford, 10 N. C. 381, 383–384 (1824); O’Neill v. State, 16 Ala. 65, 67 (1849); English v. State, 35 Tex. 473, 476 (1871); State v. Lanier, 71 N. C. 288, 289 (1874).

It may be objected that if weapons that are most useful in military service—M-16 rifles and the like—may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty. It may well be true today that a militia, to be as effective as militias in the 18th century, would require sophisticated arms that are highly unusual in society at large. Indeed, it may be true that no amount of small arms could be useful against modern-day bombers and tanks. But the fact that modern developments have limited the degree of fit between the prefatory clause and the protected right cannot change our interpretation of the right.

The Supreme court is clear, that the right to small arms (rifles and hand guns), regardless of the type or usefulness against a tank or bomber, is protected.

Don't post incomplete quotes, they don't mean what you think they mean.

Oh and your "source" (which is a google search showing your statement) is not valid as a collection of ignorant blogs postings is not worth anymore than a single ignorant blog posting.

In Short, there is no FACT in what you posted.

EDIT: Formatting

14
ILikeBigAZ•

Though it is fact that literally thousands of gun crime cases have been tried in lower courts since Heller established an individual right to a gun and virtually all of them have failed. You can count the ones that won on the fingers of a single hand.

When Scalia wrote his "nothing in our opinion should be taken to cast doubt on longstanding prohibitions..." escape clause into Heller it had the effect of telling lower courts that virtually every existing type of longstanding gun law was fine and did not violate the the 2A.

-11
CTFirearmsowner•

Though it is fact that literally thousands of gun crime cases have been tried in lower courts since Heller established an individual right to a gun and virtually all of them have failed.

WTF? Gun Crime cases...using Heller? Thousands? a Fact?

You really are making shit up as you go to suit your own narrative.

Since you said "thousands", I will take your bet. Name me 100 gun crime cases that are using Heller as a defense. You said "thousands", and you said "gun crime cases", and you said "it is a fact". Actually, name me 50. I will settle for 20, but no less. That is after all .02% (EDIT: Been drinking meant:) 2% of only 1 thousand, and you claim to be stating a fact of "Thousands", with and "s".

When Scalia wrote his "nothing in our opinion should be taken to cast doubt on longstanding prohibitions..." escape clause into Heller it had the effect of telling lower courts that virtually every existing type of longstanding gun law was fine and did not violate the the 2A.

I see that you are still not a lawyer, and still have no idea what you are talking about, so let's just start with your "It's a fact" gun crime cases, and then we can talk about what Scalia did or didn't do.

7
Jugrnot•

Well, it's a good thing that's their opinion and not fact. So..

4
ILikeBigAZ•

Per the Constitution Article III, the Supreme Court's opinion is fact.

-12
Lyrd•

Pesky fact: that statement is itself a constitutional argument.

3
WildBTK•

Just remember that BOTH parties are traitors to the Constitution. Conservatives hate the 4th Amendment, for example.

13
Upholder•

As you say, Both parties hate the 4th amendment and the 1st when it doesn't suit their purposes.. and the 5th.. and the 10th...

14
WildBTK•

Agreed!

1
Creatio_ex_Nihilo•

Depends on which conservatives you talk about. I'd say over time, conservatives have a much better record of protecting constitutional rights, of course their are many notable exceptions.

7
A_Crappy_Day•

Political parties are by their very nature counterproductive to a healthy democracy.

4
dieselnut•

Second protects the Fourth.

1
piemur24•

Second protects the Fourth the constitution.

FTFY

3
RPDBF•

Except Rand of course :)

1
WildBTK•

Well, individuals may or may not be traitors, but collectively, many of the people in these parties do betray the principles of the Constitution. They vote for laws that allow civil forfeiture without due process or to take away guns or to limit free speech to "Free Speech Zones" around Federal buildings.

1
narcedmonkey•

typical maryland politician

11
JeremyHall•

That pesky highest law of the United States of America that forbids the government from becoming tyrannical.

8
RevRagnarok•

I hate that woman so badly. And she supposedly represents me.

5
Jacks_Grin•

yeah, don't give her that legal jargon that says no infringments. It gets in the way of legislation!

4