NRA petitions SCOTUS for Cert in Chicago Gun Case

[DDT]

In another thread about this case I asked if NRA was required to petition for en banc before petitioning for a hearing in front of SCOTUS.

Today I got my answer. They have petitioned SCOTUS.

Here is a link to the petition from Volokh's website.

http://volokh.com/files/nrapetition.pdf

[Sobriquet]

You're quick on the draw, DDT. I was just coming here to post the news. Let's all hope incorporation is settled quickly and favorably. We've got battles to fight.

[Fjold]

It's a good read.

Thanks for posting it.

[CABilly]

Whether the right of the people to keep and
bear arms guaranteed by the Second Amendment to
the United States Constitution is incorporated into
the Due Process Clause or the Privileges or
Immunities Clause of the Fourteenth Amendment so
as to be applicable to the States, thereby invalidating
ordinances prohibiting possession of handguns in the
home.

I understand the thousand cuts theory, but I still don't like this part.

:|

[vrand]

You're quick on the draw, DDT. I was just coming here to post the news. Let's all hope incorporation is settled quickly and favorably. We've got battles to fight.

And so is the NRA

JURISDICTION
On June 2, 2009

[vrand]

I understand the thousand cuts theory, but I still don't like this part.

:|

and

...prohibiting possession of handguns in the
home.

[7x57]

I understand the thousand cuts theory, but I still don't like this part.

We need the case as absolutely clean and simple as possible. Chicago's ban in the home is more or less the same as DC's, so that's clean. We don't want any other issues (such as what "to bear" means) just yet.

Basically, we're dog-training here. You have to get the dog to sit right in front of you before you try to get the dog to sit at range, let alone turn the head of the flock and gather them back to you.

7x57

[HondaMasterTech]

I think the important thing is that it speaks positive of an individual right, regardless of it being in the home.

[Sobriquet]

We need the case as absolutely clean and simple as possible. Chicago's ban in the home is more or less the same as DC's, so that's clean. We don't want any other issues (such as what "to bear" means) just yet.

Basically, we're dog-training here. You have to get the dog to sit right in front of you before you try to get the dog to sit at range, let alone turn the head of the flock and gather them back to you.

7x57

Exactly right. If we go for too much without laying the proper foundation, we'll end up with a either a stain on the rug... or a dog bite.

[gregorylucas]

Is it just me or is all of this happening blindingly fast post Heller, legally speaking that is.

Greg

[7x57]

Is it just me or is all of this happening blindingly fast post Heller, legally speaking that is.

Speaking for myself, I can hardly take the G-forces.

The big smile on my face is because the acceleration is pulling my cheeks back to my ears.

7x57

[Californio]

What bothers me about Heller and this one is RKBA in the "Home". I sure hope we don't define the 2nd as Homebound and get boxed in.

It is amazing to me that they want to protect States Rights at this point in History, was not the Civil War about States Rights to declare certain persons property.

The whole idea of the 14th was the Rights of the People (all the people) in the Federal Constitution were to be applied equal and consistent in each State. Selective Rights discriminate across the board.

[7x57]

Say, Jim March ought to be pleased. Stephen Halbrook wasn't shy about saying to The Nine (say, the bunch of nine wearing robes that I know about also had rings ) that the 14A was intended to explicitly overrule Dred Scott:

By thus overruling the Dred Scott decision, the Fourteenth Amendment invalidated the “special laws” and “police regulations” passed by the States which violated the rights to speech, assembly, and arms.

Halbrook put some effort into going for P&I incorporation.

7x57

[SimpleCountryActuary]

Speaking for myself, I can hardly take the G-forces.

The big smile on my face is because the acceleration is pulling my cheeks back to my ears.

7x57

"But it does take the wrinkles out." James Garner in Space Cowboys

[tiki]

1) "In the home" isn't what the 2nd Amendment states, but rather, what the DC case was about.

2) The 2nd Amendment is either incorporated or not. We won't see a partial incorporation for in the home only.

Heller decided that the 2nd is an individual right and that the DC laws outlawing all handguns and making long guns useless in the home violated the 2nd Amendment.

Now, we need to get 2nd Incorporation. Like others have said, clean and simple. No new issues.

We already got individual right. We already got no complete ban on all handguns. We already got, not dangerous and not unusual. Lets just get incorporation. With that, we can continue slicing.