RealDave
Gold Member
- Sep 28, 2016
- 26,521
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- #221
The USSC says guns can be regulatedFlavored e-cigs aren't a Constitutional right.Trump administration moves to ban flavored e-cigarettes - CNNPolitics
Trump says that our kids are dying & we must do something!!!!!
Six have fied & Trump works to ban flavored vaping.
Hundreds have died is mass shootings involving assault type rifles & nothing. Cabn't bsn them, can do any m,ore in background checks, nothing.
Republicans are panty waisted chickenshit afraid of the terror group NRA.
Guns are.
And more....from a Supreme Court ruling just after Heller.....
https://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf
First, the relative dangerousness of a weapon is irrelevant when the weapon belongs to a class of arms commonly used for lawful purposes. See Heller, supra, at 627 (contrasting “‘dangerous and unusual weapons’” that may be banned with protected “weapons . . . ‘in common use at the time’”).
Second, even in cases where dangerousness might be relevant, the Supreme Judicial Court’s test sweeps far too broadly.
Heller defined the “Arms” covered by the Second Amendment to include “‘any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.’” 554 U. S., at 581.
https://www.supremecourt.gov/opinions/07pdf/07-290.pdf
“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.”
Nothing in that bans weapons by type........
Next...
“We also recognize another important limitation on the right to keep and carry arms. Miller (an earlier case) said, as we have explained, that the sorts of weapons protected were those “in common use at the time”. We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons.’ ” }}
the sorts of weapons protected were those "in common use at the time"........the AR-15 civilian rifle, in particular....is the most "common" rifle in the country, ......over 8 million of them in private hands and semi auto rifles there are over 16 million of them in private hands if not more......
And then, because lying judges on the 4th Circuit tried to use this argument to ban stun guns in Massachusetts, the Supreme Court had to slap them with the Caetano v. Massachusetts ruling...
This also re addresses the point about these weapons not existing when the Founders put the 2A in the Bill of Rights....
https://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf
Opinion of the Court[edit]
In a per curiam decision, the Supreme Court vacated the ruling of the Massachusetts Supreme Judicial Court.
[7] Citing District of Columbia v. Heller[8] and McDonald v. City of Chicago,[9] the Court began its opinion by stating 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" and that "the Second Amendment right is fully applicable to the States".[6]
The Court then identified three reasons why the Massachusetts court's opinion contradicted prior rulings by the United States Supreme Court.[1]
First, the Massachusetts court said that stun guns could be banned because they "were not in common use at the time of the Second Amendment’s enactment", but the Supreme Court noted that this contradicted Heller's conclusion that Second Amendment protects "arms ... that were not in existence at the time of the founding”.[10]
Second, the Massachusetts court said that stun guns were "dangerous per se at common law and unusual" because they were "a thoroughly modern invention", but the Supreme Court held that this was also inconstant with Heller.[11]
Third, the Massachusetts court said that stun guns could be banned because they were not "readily adaptable to use in the military", but the Supreme Court held that Heller rejected the argument that "only those weapons useful in warfare" were protected by the Second Amendment.[12]
-----
----As to “dangerous,” the court below held that a weapon is “dangerous per se” if it is “ ‘designed and constructed to produce death or great bodily harm’ and ‘for the purpose of bodily assault or defense.’” 470 Mass., at 779, 26 N. E. 3d, at 692 (quoting Commonwealth v. Appleby, 380 Mass. 296, 303, 402 N. E. 2d 1051, 1056 (1980)).
That test may be appropriate for applying statutes criminalizing assault with a dangerous weapon. See ibid., 402 N. E. 2d, at 1056. But it cannot be used to identify arms that fall outside the Second Amendment. First, the relative dangerousness of a weapon is irrelevant when the weapon belongs to a class of arms commonly used for lawful purposes. See Heller, supra, at 627 (contrasting “‘dangerous and unusual weapons’” that may be banned with protected “weapons . . . ‘in common use at the time’”).
Second, even in cases where dangerousness might be relevant, the Supreme Judicial Court’s test sweeps far too broadly.
Heller defined the “Arms” covered by the Second Amendment to include “‘any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.’” 554 U. S., at 581.
Under the decision below, however, virtually every covered arm would qualify as “dangerous.” Were there any doubt on this point, one need only look at the court’s first example of “dangerous per se” weapons: “firearms.” 470 Mass., at 779, 26 N. E. 3d, at 692.
If Heller tells us anything, it is that firearms cannot be categorically prohibited just because they are dangerous. 554 U. S., at 636. A fortiori, stun guns that the Commonwealth’s own witness described as “non-lethal force,” Tr. 27, cannot be banned on that basis.---------
The court also opined that a weapon’s unusualness depends on whether “it is a weapon of warfare to be used by the militia.” 470 Mass., at 780, 26 N. E. 3d, at 693. It asserted that we followed such an approach in Miller and “approved its use in Heller.” 470 Mass., at 780, 26 N. E. 3d, at 693.
But Heller actually said that it would be a “startling reading” of Miller to conclude that “only those weapons useful in warfare are protected.” 554 U. S., at 624.
Instead, Miller and Heller recognized that militia members traditionally reported for duty carrying “the sorts of lawful weapons that they possessed at home,” and that the Second Amendment therefore protects such weapons as a class, regardless of any particular weapon’s suitability for military use.
554 U. S., at 627; see id., at 624–625. Indeed, Heller acknowledged that advancements in military technology might render many commonly owned weapons ineffective in warfare. Id., at 627–628. But such “modern developments . . . cannot change our interpretation of the right.” Ibid.
In any event, the Supreme Judicial Court’s assumption that stun guns are unsuited for militia or military use is untenable.
I said guns can be regulated. The USSC said this,
Your pile of bullshit has nothing to do with that.
They said this:
"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 … possessions of firearms by felons and the mentally ill, carrying of firearms in sensitive places such as schools and government buildings, or laws imposing condition and qualifications on the commercial sale of arms."