May-Issue After McDonald

[Schmenge]

Other than being slow, the DE process is fairly reasonable, but I think the public notice is not necessary. FL seems to have a really good operation. Fast too. PA is too easy. Any knucklehead can get a permit there. I think training is a good thing.

By the way, I just got back from vacation in VA. I saw a few people open carrying there and no one seemed to be the least bit concerned. I like Virginia. My kind of place.

[ezliving]

Even knuckleheads have fundamental constitutional rights.

Before they restrict their RKBA, maybe the voting rights of  knuckleheads should be restricted.  J/K.

... but I think you get my point. 

[Sigarms12]

Even knuckleheads have fundamental constitutional rights.

Before they restrict their RKBA, maybe the voting rights of  knuckleheads should be restricted.  J/K.

... but I think you get my point. 

Ok ezliving that's enough, I'm not gonna allow this topic to get out of hand, you obviously have a very strong opinion about this, but at this point this topic is not going anywhere. I understand how you feel but just because the Supreme Court ruled in favor of the 2A it does not mean things will change over night it will take years whether you want to believe it or not. Just look at how long its been since the Heller case and nothing has really changed in DC except a bunch of extremely restrictive gun laws.

[CorBon]

McDonald was not a clear win for us, but it was a win.  Basically, it opened the door for more lawsuits.  It's a better decision than what could of come out of it, but, I wouldn't expect for States to start issuing CCWs out of vending machines.   

Pertaining to McDonald, clearly the Brady folks didn't see this as a loss, and here are some thoughts from Brady Campaign President Paul Helmke:

Question: After this ruling, what can states and cities still do to restrict handguns and try to mitigate handgun violence?

Paul Helmke: Actually it's a very narrow ruling, especially when you look at both this ruling and the Heller ruling two years ago. They both deal just with the right to have a gun in your home for self defense, and they both say, and Justice Alito from the bench today talked about [how] the Second Amendment is a right to have a gun in the home for self defense. Alito today repeated the lang that Justice Scalia used two years ago and said this right is not unlimited. In his decision they talk about [it], and they repeat the language in the Heller decision that you can restrict who gets guns, you can restrict where they take the guns, you can restrict how guns are carried, you can restrict how guns are sold, you can restrict how guns are stored, you can restrict what kind of guns there are. So by repeating the Heller language today in the McDonald decision, the fact that Alito reinforced that outside of a handgun ban, cities can do a number of things to help reduce gun violence in their communities, and the challenge is going to be, with the McDonald case, there are going to be a lot of lawsuits fighting over where to draw the line on each of those things that I just mentioned.
 
http://www.theatlantic.com/politics/archive/2010/06/interview-brady-campaign-president-paul-helmke-on-why-the-gun-ruling-isnt-so-bad/58849/

[Schmenge]

I find it incredible that there was even any question that any part of the Bill of Rights did or didn't apply to the States. What's even more incredible is that (as I believe someone in this forum already stated) the ruling was 5 to 4. If we ever lose our slim majority in the Supreme Court, God help us. We could lose everything. When you vote for president, think of the Supreme Court. That's our last line of defense.

Ezliving was right, knuckleheads who vote are a problem, but they do have rights.

[ezliving]

Corbon, I think McDonald was a huge win.  If you are looking to The Brady Bunch for analysis, you will get their biased spin.  And the NRA has their spin.  And SAF has their spin.  And I have my spin.

Helmke is wrong on one major point.  SCOTUS will not allow a "balancing test" for a fundamental constitutional right.  And dicta is not the same as settled law.

Any win at the Supreme Court is a huge win.  SCOTUS rules and there is no appeal.

McDonald was a 14th Amendment case and, lo and behold, the 2nd Amendment is incorporated against the states.  The majority got the question right and of the 4 justices that voted against McDonald, 3 of them also voted against Heller.  Heller was also a huge win. 

McDonald was all about incorporating the 2nd Amendment against the states by the 14th Amendment, not about expanding 2nd Amendment law.  The fact that the SCOTUS majority in McDonald also reinforced that self-defense is a fundamental right, and the 2nd Amendment is a fundamental right was whipped cream and cherries on a fantastic dessert.

There will be many more lawsuits because there are many state and local laws on the books that must be challenged and struck down for infringing on the 2nd and 14th Amendments.  That's the process. 

States will either repeal / amend bad gun laws or face expensive court challenges.  McDonald was a game-changer.  States can either do the right thing or suffer the consequences of defending unconstitutional laws.

That was my point for starting this topic.  Delaware has gun control regulations / laws that will not stand up to strict scrutiny and they will have to be be changed, one way or another. 

As long as 5 certain justices remain healthy for a few more years, RKBA will remain safe, and more pro-RKBA decisions will multiply in courts from coast to coast.

[ezliving]

and let's not forget...it's already been 2 years since Heller...and there really hasn't been any noticeable change in DC...   

Watch Palmer and Heller II.

[GunEnvy]

  And I have my spin.

I know, I know, I came back after all. After reading some of the posts and realizing that you just wanted a soap box to preach about fundamental constitutional rights from and that you werent really arguing with me about fundamental constitutional rights I figured I would check back in. Do you realize that the only spin that is putting this as a huge win about fundamental constitutional rights is yours? NRA, SAF, NSSF and even the Bradys say it was a minor win about  fundamental constitutional rights that will need much more fighting before anything is really won. Hell even Heller and Mcdonald themselves realize that it wasn't that big of a win (hence the second Heller lawsuit about fundamental constitutional rights) Either way, I'm sure its only a matter of time (and I'm sure it will happen rather soon) before all of the states realize that this is a fundamental constitutional right and stop their unjust and illegal restrictions on our fundamental constitutional rights.