Will the Supreme Court put a stake through the heart of gun control?

PatMiles

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By Frank Friday




The irony is rich. Old Joe Biden, floundering in the polls and needing a distraction, seized on the recent mass shootings to launch a gun control push. Many conservatives are panicked by his talk of an "assault weapons" ban, whatever that means, and outlawing all 9mm ammunition.

Yet, without any compromise on badly needed school safety provisions, it is hard to see even modest federal gun restrictions going forward. In fact, the Republican proposal is starting to look like no more than what McConnell, and even Trump, was offering the Dems in 2019. Meanwhile, the constitutional conservatives on the Supreme Court are going to hand down another important decision on self-defense and the Second Amendment.
The looming SCOTUS decision everyone knows about is the expected overturning of Roe v. Wade in the Dobbs case. But also coming this June is the Bruen case, which should strike down the granddaddy of all American gun control laws: New York's 1911 Sullivan Act. Sullivan was a corrupt Tammany Hall politician, and there are many scholars who think Sullivan's motives in essentially disarming law-abiding citizens of their pistols was to make life easier for his many criminal compatriots.
The Sullivan Act is a discretionary permit law, allowing the police arbitrary power to decide to whom they issue a pistol permit. In New York City, for example, it's often been easy to get one if you are wealthy or famous, like Robert De Niro. Yet ordinary people who live and work in dangerous neighborhoods are routinely denied gun permits, like the plaintiffs in Bruen.

When this case is decided, there will of course be the usual gnashing of teeth by the gun-grabbers, who will shriek about how the Second Amendment is not a personal right, and it's just for members of a state militia.

This argument was annihilated several years ago by Prof. Volokh in his 1996 article "The Commonplace Second Amendment," where he shows that the Second Amendment enshrines a right of the people individually: "Early Kentucky, Massachusetts, North Carolina, Pennsylvania, and Vermont Bills of Rights speak of 'the right of the people to bear arms.' Since these provisions secure rights against the state governments, they must recognize a right belonging to someone other than the state or entities whose membership is defined by the state — this likewise suggests that 'the right of the people to bear arms' refers to a right of individuals."
The Kentucky state constitutional language, written just a year after the U.S. Bill of Rights, by men who were friends and colleagues of Madison and the other Virginia framers, is particularly on point: "[t]he rights of the citizens to bear arms in defense of themselves and the State shall not be questioned."

Furthermore, the "militia clauses" of the original U.S. Constitution give the Congress extensive powers over the organization and training of the state militias. If the Second Amendment was somehow intended by such oblique phrases to then modify this power of Congress, it is all but impossible to see how.
The real meaning of a "well regulated" militia, as used by 18th-century Americans, means much more than just a well trained and equipped military force. It is a political concept that assumes an armed populace as an integral part of society and good government. Both American and English patriots were deep admirers of the Swiss model of militia. Diplomat Abraham Stanyan even wrote in 1714 that the "Swiss have a ... well regulated Militia ... that may overturn a Government at Pleasure."
After Bruen, I don't expect the people of New York and other high-crime blue states to literally overturn their governments. But they could work a quiet revolution of sorts. Law-abiding citizens would finally be able to readily defend themselves from the predators who lurk about their streets. Ordinary people in big cities could take charge of their own safety and that of their neighborhoods by carrying licensed firearms. A real sense of civic pride and responsibility could form, where today there is none.

That seems like a much more effective way to protect society from its worst elements than BLM folks and their solution for violent crime: call 911 to summon a squad car full of social workers

Hope springs eternal!
 

pmclaine

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    Roberts will declare Sullivan a tax and in the purview of the City Fathers to tax the rights of its citizens.
     

    The D

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    Crossing my fingers but definitely not holding my breath
     

    UKDslayer

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    Given what they just did today to free speech...doesn't look good.
     

    KZP

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    We can't talk about it.

    How about now

    OC4zOS4yNy5qcGc
     

    acudaowner

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    not even close to a stake through the heart they have no heart and will just try again tomorrow with more bs laws now if you won in the court and every anti gun politician lost there jobs or got put in jail that would be a stake .
     
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    acudaowner

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    not going to ever happen it's not really there jobs to do .
     

    Carlos Danger

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    Take a look at what our cunt of a governor pulled. Sure, you can have all the concealed carry permits you want......as long as you do it in your kitchen and living room. That's what playing by the rules gets us.
     

    Hattrick

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    The next step pack the court because we can’t win like this
     

    FatBoy

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    The left knows they are violating both the law and our rights. They don’t care. It’s taking a decade+ for these cases to make it to SCOTUS. They get to infringe upon us for years and years every time they pass one of these gun laws and then come back a year after a loss and start over. Nothing is going to change until we change government and the simple fact is there are not enough of us who give a shit in blue states to make a difference.
     

    XikoPlavi

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    Delaware already very sneaky-like passed new gun laws that is headed to governor to sign. And an AR ban is one of them. Taking away rights based on emotion. Sick times. Weak leadership.

    Maryland, Virginia also.

    There is gonna be lawsuits but it’s obvious what’s gonna happen

    NO! Supreme Court is not gonna care or help (they are worthless)

    Society needs true hard times to transcend all this bullshit. We need the rug yanked out from under us. What could do that though. Hmmmmm

    Asteroid
    Yellowstone eruption
    Major solar flare
    Nuclear war
    Gods hand
    Mass death in the multi billions globally
    Take away women’s rights

    Still need the earth to have an atmosphere when it’s done and a magnetic field.
     
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    Ridge_Walker

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    Delaware already very sneaky-like passed new gun laws that is headed to governor to sign. And an AR ban is one of them. Taking away rights based on emotion. Sick times. Weak leadership.

    Maryland, Virginia also.

    There is gonna be lawsuits but it’s obvious what’s gonna happen

    NO! Supreme Court is not gonna care or help (they are worthless)

    Society needs true hard times to transcend all this bullshit. We need the rug yanked out from under us. What could do that though. Hmmmmm

    Asteroid
    Yellowstone eruption
    Major solar flare
    Nuclear war
    Gods hand
    Mass death in the multi billions globally
    Take away women’s rights

    Still need the earth to have an atmosphere when it’s done and a magnetic field.
    Pole Flip should do it. Remember a severe magnetic field reduction will turn people into violent wack jobs faster than any current means of commie indoctrination. Not to mention what an actual roll over or major tipping would do.
     
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    XikoPlavi

    What a drag it is getting old!
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    Pole Flip should do it. Remember a severe magnetic field reduction will turn people into violent wack jobs faster than any current means of commie indoctrination. Not to mention what an actual roll over or major tipping would do.
    Haha! Pole flip. Why didn’t I think of that. Dang it! You’re right too. No joke
     
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