Is the 'right to bear arms' unlimited?

Discussion in 'Gun Control' started by chris155au, Nov 10, 2020.

  1. TOG 6

    TOG 6 Well-Known Member

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    You know this statement is false, and yet you choose to make it.
    Why do you make statements you know are false?
     
    Rucker61 likes this.
  2. dagosa

    dagosa Well-Known Member

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    Yes
    Heller upholds the right of a municipality to require handguns be registered and by only licensed individuals. Otherwise they can’t keep hand guns in the home that aren’t under lock or disassembled.
     
  3. TOG 6

    TOG 6 Well-Known Member

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    You know this statement is false, and yet you choose to make it.
    Why do you make statements you know are false?
     
  4. Vailhundt

    Vailhundt Banned

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    Correct.
     
  5. dagosa

    dagosa Well-Known Member

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    Congratulations. You just compared the United States to dictatorships and third world non industrialized countries. I know the right is envious of Putin and past apartheid govt of South Africa but get real.
    Look up what developed democratic countries are. You’d think the US should be compared to them.....not Russia.
     
    Last edited: Dec 8, 2020
  6. dagosa

    dagosa Well-Known Member

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    Do you deny that as of right now, Heller cannot posses a handgun for carry or in operative condition in the home without it being registered and he being licensed ? Look up the hand gun laws in his municipality. He must be qualified, licensed and register the handgun.
     
    Last edited: Dec 8, 2020
  7. dagosa

    dagosa Well-Known Member

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    Last edited: Dec 8, 2020
  8. dagosa

    dagosa Well-Known Member

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    How do you think Medicaid, Medicare, CHIPS and programs across the nation came into being. The General welfare clause. so now you’re arguing they are unconstitutional and could all be eliminated ?
     
  9. dagosa

    dagosa Well-Known Member

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    Freedoms ? That’s your word. We certainly regulate rights. There has been no decision involving the 2a that the Supreme Court has not reiterated that your rights are NOT absolute and are subject to regulation. There is not one square inch of land in the United States that is not under some firm of firearm regulation. Only people who qualify get rights to possess a firearm.
     
  10. Rucker61

    Rucker61 Well-Known Member

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    Interesting, in that SCOTUS cited Heller in overturning the Chicago ban and in overturning the Caetano conviction. The 9th Circuit Court cited Heller in overturning a ban on open carry in Hawaii in Young v Hawaii. Perhaps the Heller decision involved more than you understand.
     
  11. Rucker61

    Rucker61 Well-Known Member

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    "Because Heller conceded at oral argument that the D.C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. "

    SCOTUS never looked at the Constitutionality of a licensing requirement.
     
  12. dadoalex

    dadoalex Well-Known Member Past Donor

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    Never made such a claim so your "data" is little more than the remains of your fantasy obsessions.
     
  13. TOG 6

    TOG 6 Well-Known Member

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    You stated:
    The constitution guarantees the health and weak fare of the people.
    This statement is false; the constitution guarantees no such thing.
    You disagree, but you know you cannot copy/paste the text of the Constitution that makes this guarantee.
    SO, I ask again
    Why do you make statements you know are not true?
     
  14. TOG 6

    TOG 6 Well-Known Member

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    Nowhere does the court, in Heller, "uphold the right of a municipality to require handguns be registered and by only licensed individuals", because the "right of a municipality to require handguns be registered and by only licensed individuals" was neither challenged by Heller nor evaluated by the court as a controversy under law.
    Thus, your statement is not true.
    SO, I ask again
    Why do you make statements you know are not true?
     
  15. TOG 6

    TOG 6 Well-Known Member

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    Perhaps you should read Heller. Use a search engine, and look it up.

    Nowhere does the court "uphold the right of a municipality to require handguns be registered and by only licensed individuals", because the "right of a municipality to require handguns be registered and by only licensed individuals" was neither challenged by Heller nor evaluated by the court as a controversy under law.

    Thus, your statement is not true.
    Why do you make statements you know are not true?
     
    Last edited: Dec 8, 2020
  16. TOG 6

    TOG 6 Well-Known Member

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    He knows.
    He -chooses- to make statements he knows are not true.
     
  17. Rucker61

    Rucker61 Well-Known Member

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    The Commerce Clause, more likely.
     
  18. dagosa

    dagosa Well-Known Member

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    Dah....
    That makes it still, the law if the land. Heller explicitly said he could get relief from his complaint by being qualified, registering his hand gun and being licensed. Bottom line, HE STILL-MUST TO COMPLY WITH THE FINAL RULING.
     
    Last edited: Dec 8, 2020
  19. Vailhundt

    Vailhundt Banned

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    I read it, and you did not. I had to quote it to you to get you to drop the silly things you were saying. So you are not in a position to advise me to read it.
     
  20. dagosa

    dagosa Well-Known Member

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    Nope, the welfare clause.
    perhaps you should. It explicitly says that Heller if qualified, needs to be allowed to register his gun and be licensed to gain relief from his complaint. These words are in the decision.
    Words like registering a firearm, licensing a handgun and being qualified are stated.
     
  21. dagosa

    dagosa Well-Known Member

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    That’s silly. It doesn’t say you can’t “piss in the corner” while addressing the court either.

    Bottom line, those regulations are still enforced after the Heller decision. They are the law of the land for Heller or anyother municipality, state or Fed themselves if they chose.
     
    Last edited: Dec 8, 2020
  22. dagosa

    dagosa Well-Known Member

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    They have since. They decided that handgun regulations in NY would not be challenged. So that’s twice that they left it alone when given an opportunity to address licensing. Get it. They have never addressed messing with firearm regulation in general, including registering firearms and licensing qualified owners.
    https://www.cnn.com/2020/04/27/politics/supreme-court-second-amendment-case-new-york/index.html
     
    Last edited: Dec 8, 2020
  23. Vailhundt

    Vailhundt Banned

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    Correct. Explicitly.
     
  24. Rucker61

    Rucker61 Well-Known Member

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    Do you both believe that DC v Heller found registration and licensing to be Constitutional?
     
  25. Rucker61

    Rucker61 Well-Known Member

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    Actually, they found NYRPA v NYC moot because NYC changed the law in question prior to SCOTUS deciding to take up the case. NYC had insisted through multiple levels of appeal, including to the 2nd Circuit Court of Appeals, that the law was Constitutional and necessary to the safety of its citizens. When SCOTUS looked at taking it up, NYC backed down and changed the law, de facto admitting they had been lying. The concern was that SCOTUS would rule that strict scrutiny was the necessary level of scrutiny to be used when reviewing 2A cases, which would wreak havoc on gun control in the US.
    It wasn't part of the Heller case at all.

    "Because Heller conceded at oral argument that the D.C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement."

    With regards to taking up a case:

    Cert:
    Since there are these conflicting and, to the uninformed, even confusing reasons for denying petitions for certiorari, it has been suggested from time to time that the Court indicate its reasons for denial. Practical considerations preclude. In order that the Court may be enabled to discharge its indispensable duties, Congress has placed the control of the Court's business, in effect, within the Court's discretion. During the last three terms the Court disposed of 260, 217, 224 cases, respectively, on their merits. For the same three terms the Court denied, respectively, 1,260, 1,105, 1,189 petitions calling for discretionary review. If the Court is to do its work it would not be feasible to give reasons, however brief, for refusing to take these cases. The time that would be required is prohibitive, apart from the fact as already indicated that different reasons not infrequently move different members of the Court in concluding that a particular case at a particular time makes review undersirable. It becomes relevant here to note that failure to record a dissent from a denial of a petition for writ of certiorari in nowise implies that only the member of the Court who notes his dissent thought the petition should be granted.
    Inasmuch, therefore, as all that a denial of a petition for a writ of certiorari means is that fewer than four members of the Court thought it should be granted, this Court has rigorously insisted that such a denial carries with it no implication whatever regarding the Court's views on the merits of a case which it has declined to review. The Court has said this again and again; again and again the admonition has to be repeated.
    Maryland v Baltimore Radio Show, Inc.
    https://www.law.cornell.edu/supremecourt/text/338/912
     
    Last edited: Dec 8, 2020

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