Delaware Concealed Carry Forum
State News & Gun News => NRA & National Gun News => Topic started by: Paladin4CA on June 27, 2015, 10:31:29 PM
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Since the U.S. Supreme Court ruled in Heller v. D.C. (2008) that the Second Amendment protects an individual right to bear arms and then ruled in McDonald v. Chicago (2010) that this right also restricts state and local governments, the high court has opted not to hear cases that might further define gun rights. This has been a little surprising, as some lower courts have actually produced majority opinions that are critical of decisions reached by other courts. Such conflicts at the circuit level typically force the U.S. Supreme Court to weigh in.
A California case—Peruta v. San Diego County—might soon force the U.S. Supreme Court to settle some of the constitutional disputes.
More at:
http://www.forbes.com/sites/frankminiter/2015/06/22/is-this-the-gun-case-the-u-s-supreme-court-will-take/
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I rather suspect the 9th will overturn the Peruta decision and SCOTUS willdeny cert on appeal. Hope I'm wrong but it seems they don't want to rule on this. Just look at the recent San Francisco denial and you can see it coming.
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The SCOTUS seems to be in a Left leaning period now. After the last 2 rulings in the Obamacare and same sex marriage, it is safe to say that the 2nd Amendment may bee in trouble.
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Justice Kennedy wrote the Majority Opinion: (About the Same Sex Ruling)
Under the Due Process Clause of the Fourteenth Amendment, no State shall “deprive any person of life, liberty, or property, without due process of law.” The fundamental liberties protected by this Clause include most of the rights enumerated in the Bill of Rights.
Now the question–Are 2nd Amendment rights among those “protected by this Clause”?
As the Swing voter (Justice Kennedy) could also consider the Mentioned above for "National Reciprocity".
Something to think about.