Skip to main content

View Diary: The Breaking Dawn murder plot and our love affair with guns (115 comments)

Comment Preferences

  •  Here is a link indexing some of the various (1+ / 0-)
    Recommended by:

    challenges which have been mounted against firearms possession and purchases policies: link (.PDF).  

    As you will see, practically every state or local firearms policy that you can imagine is being challenged, generally in federal court.  The report to which I have linked is dated 9/1/12 and provides present case status summaries.  Here is a sample:

    -- On 10/4/11, the D.C. Circuit affirmed the judgment of the district court holding that the District of Columbia’s prohibition against assault weapons and large capacity magazines is constitutional and that District law requiring basic registration of handguns is constitutional.
    The report is 12 pages long.  This, combined with consultation of the pleadings and orders in the summarized cases, would be an excellent starting point for anyone interested in what is and what is not protected under the Second Amendment.

    You have exactly 10 seconds to change that look of disgusting pity into one of enormous respect!

    by Cartoon Peril on Sun Nov 18, 2012 at 10:13:21 AM PST

    [ Parent ]

    •  Thank you, but no settled Law as yet. (9+ / 0-)

      And frankly, they are an indication that hodge-podge legislative actions, willy-nilly lawsuits, and partisan lower court judicial findings do not in any way represent Constitutional Law. See my sig line.
       Not a one of us says that all legal restrictions are unconstitutional. But we do believe that it's the State's responsibility to show any incursion into a Constitutional Right be legal.
       Before you go wanting to enact new laws, you might want to do a little research into the current ones (see waiting periods, for one). Which ones are well written, or badly written. Which ones are being ignored, or over emphasized. Which ones require enormous sums of money to enact, or unenforceable requirements (see registration enactment costs, policing and confiscation efforts)

      "The United States is a nation of laws: badly written and randomly enforced." -Zappa My Site

      by meagert on Sun Nov 18, 2012 at 10:28:24 AM PST

      [ Parent ]

      •  The law is quite settled, as I point out below. (2+ / 0-)
        Recommended by:
        wader, ichibon

        All acts of the legislature, and of legislative bodies such as local governments, are presumed to be constitutional.  Otherwise a democratic government could not operate.

        Right now, my position is legally accurate in all respects, as to my knowledge no court has ruled otherwise.  You are of course entitled to believe that some court may determine otherwise.  I think that will be unlikely, but regardless of the likelihood of that occurring, until then, these laws remain fully valid and in effect.

        I should note that DC v. Heller expressed no opinion about such things as waiting periods and firearms registration.  I have my own doubts as to whether they reduce firearms violence, but I think that when and if such an issue is presented to the courts, it will be found to be well within the legislature's constitutional perogative to impose such requirements.

        You have exactly 10 seconds to change that look of disgusting pity into one of enormous respect!

        by Cartoon Peril on Sun Nov 18, 2012 at 10:44:08 AM PST

        [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site