IWETHEY v. 0.3.0 | TODO
1,095 registered users | 0 active users | 0 LpH | Statistics
Login | Create New User
IWETHEY Banner

Welcome to IWETHEY!

IWETHEY Home / IWETHEY Board / Politics Forum / I assume you are refering the 2nd being a states right
Post #281,356
by Seamus
4/11/07 10:20:07 AM
Reply
New I assume you are refering the 2nd being a states right


[Footnote 7] ... See also Hickman v. Block, 81 F.3d 98 (9th Cir.) (plaintiff lacked standing to challenge denial of permit to carry concealed weapon, because Second Amendment is a right held by states, not by private citizens), cert. denied 117 S. Ct. 276 (1996); ...




[link|http://caselaw.lp.findlaw.com/data/constitution/amendment02/|http://caselaw.lp.fi...tion/amendment02/]

Not that I think it is going to stay that way.
Seamus
Post #281,362
by Seamus
4/11/07 10:38:38 AM
Reply
New I like this reference better
It seems to do a better job capturing the discrepancies:



Like the scholars, the lower federal courts are split on the issue, although their split is the opposite of the scholarly one: most federal courts which have stated a firm position have said that the Second Amendment is not an individual right. [FN13] The federal courts which follow the academic Standard Model *105 are in the minority, although the ranks of the minority have grown in recent years. [FN14] The courts on both sides, like the scholars, insist that they are following the Supreme Court.




[link|http://www.davekopel.com/2A/LawRev/35finalpartone.htm|http://www.davekopel...5finalpartone.htm]
Seamus
Post #281,724
by mmoffitt
4/13/07 1:57:37 PM
Reply
New Correct.
Each state has the right to arm its own militia. Used to be a State's militiamen had to bring their own firearms. Not true today (or for a very long time).

Ultimately, we have only those rights we are prepared to defend. Constitutional or otherwise.
bcnu,
Mikem

It would seem, therefore, that the three human impulses embodied in religion are fear, conceit, and hatred. The purpose of religion, one might say, is to give an air of respectibility to these passions. -- Bertrand Russell
     books and guns - (boxley) - (30) - April 3, 2007, 11:17:08 AM EDT
         Bibles don't kill people, people kill people. - (Silverlock) - (1) - April 3, 2007, 12:11:46 PM EDT
             And people *with* bibles kill *lots* of people -NT - (drewk) - April 3, 2007, 08:06:36 PM EDT
         Dangerous simile. - (static) - (27) - April 4, 2007, 12:38:31 AM EDT
             The pen is mightier than the sword (to coin a phrase) - (Ashton) - April 4, 2007, 05:36:39 AM EDT
             Your bias is showing - (drewk) - (25) - April 4, 2007, 09:50:45 PM EDT
                 Indeed! And here's one called... - (a6l6e6x) - (1) - April 4, 2007, 10:38:16 PM EDT
                     "God created man. Colonel Colt made them equal" -NT - (lincoln) - April 5, 2007, 02:45:43 PM EDT
                 Maybe I should have said 'change a power differential. -NT - (static) - April 5, 2007, 01:09:05 AM EDT
                 Re: the reason for the 2nd Ammendment over here. - (mmoffitt) - (21) - April 9, 2007, 11:43:58 AM EDT
                     Militia... - (imric) - (18) - April 9, 2007, 02:03:13 PM EDT
                         Plus he selectively quotes the decision - (bepatient) - April 9, 2007, 02:12:47 PM EDT
                         How did the framers define Militia? - (Seamus) - (12) - April 9, 2007, 04:21:05 PM EDT
                             Bingo. - (mmoffitt) - (11) - April 10, 2007, 03:46:43 PM EDT
                                 buy on from a private sale as well - (boxley) - (1) - April 10, 2007, 03:48:38 PM EDT
                                     Thanks. My Grandpa. 'Nuff said. -NT - (mmoffitt) - April 10, 2007, 03:51:48 PM EDT
                                 The rulings have been consistent - (bepatient) - (8) - April 10, 2007, 03:57:46 PM EDT
                                     Show me the case where they said private ownership - (mmoffitt) - (7) - April 11, 2007, 09:01:33 AM EDT
                                         I assume you are refering the 2nd being a states right - (Seamus) - (2) - April 11, 2007, 10:20:07 AM EDT
                                             I like this reference better - (Seamus) - (1) - April 11, 2007, 10:38:38 AM EDT
                                                 Correct. - (mmoffitt) - April 13, 2007, 01:57:37 PM EDT
                                         The amendment itself. - (bepatient) - (3) - April 11, 2007, 10:29:22 AM EDT
                                             Re: The amendment itself. - (bepatient) - (2) - April 11, 2007, 10:50:00 AM EDT
                                                 Heh. - (mmoffitt) - (1) - April 13, 2007, 02:03:26 PM EDT
                                                     Only one part of the courts - (bepatient) - April 13, 2007, 02:34:25 PM EDT
                         He has two out of three definitions on his side. - (CRConrad) - (3) - April 9, 2007, 06:10:39 PM EDT
                             Evolution of language - (JayMehaffey) - April 9, 2007, 06:45:16 PM EDT
                             Exsqueeze me? - (imric) - (1) - April 9, 2007, 10:43:55 PM EDT
                                 Re: Exsqueeze me? - (bepatient) - April 9, 2007, 10:49:46 PM EDT
                     miller is goin down, already in the works -NT - (boxley) - April 9, 2007, 04:17:29 PM EDT
                     Show me where it says the militia is an arm of the state? -NT - (drewk) - April 9, 2007, 10:57:35 PM EDT

Save your piss. Seriously.
163 ms