2nd Amendment US Supreme Court Decision 5-4

2nd Amendment US Supreme Court Decision 5-4

By TheAvalonRoundTable

June 28, 2010

All Rights Reserved © 2010

In a historic decision, the United States Supreme Court has ruled to uphold the decision to “keep and bear arms” that was announced today to reverse the Chicago gun ban. Put simply, there was a lot of violence and killings in Chicago, so the decision was to ban guns hoping that by making them unlawful to own, people would be safe and free from criminal activity because the criminals obey the law and decided not to use guns anymore on their victims.

This kind of thinking not only is Un-American, but is lock step with the all too familiar desire for the United Nations stepping on our Sovereignty, Constitution and Bill of Right – something they have no respect for as we all know.

While the criminals reign is nearly the driving force behind the legitimacy for Police State, bet your bottom dollar, the American People are wising up and becoming armed by the millions – at a minimum to protect their Life, Liberty and Pursuit of Happiness – something again, the Elite deem unacceptable; they want us all to be happy followers of a United Nations Dominance and to be passive at the demise of our Constitutions and Bill of Rights.

The International Action Network on Small Arms (IANSA) is the global movement against gun violence – a network of 800 civil society organisations working in 120 countries to stop the proliferation and misuse of small arms and light weapons (SALW)


The U. S. Supreme Court ruling goes into the details and specifics of the ruling. Not to worry, a 5-4 victory clearly indicates a clear and sound understanding of the Bill of Rights and our Constitution – so we can all go back to sleep and let those in charge run our lives.

MCDONALD ET AL. v. CITY OF CHICAGO, ILLINOIS, ET AL.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

No. 08–1521. Argued March 2, 2010—Decided June 28, 2010

Two years ago, in District of Columbia v. Heller, 554 U. S. ___, this Court held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense and struck down a District of Columbia law that banned the possession of handguns in the home. Chicago (hereinafter City) and the village of Oak Park, a Chicago suburb, have laws effectively banning handgun possession by almost all private citizens. After Heller, petitioners filed this federal suit against the City, which was consolidated with two related actions, alleging that the City’s handgun ban has left them vulnerable to criminals. They sought a declaration that the ban and several related City ordinances violate the Second and Fourteenth Amendments. Rejecting petitioners’ argument that the ordinances are unconstitutional, the court noted that the Seventh Circuit previously had upheld the constitutionality of a handgun ban, that Heller had explicitly refrained from opining on whether the Second Amendment applied to the States, and that the court had a duty to follow established Circuit precedent. The Seventh Circuit affirmed, relying on three 19th-century cases—United States v. Cruikshank, 92 U. S. 542, Presser v. Illinois, 116 U. S. 252, and Miller v. Texas, 153 U. S. 535— which were decided in the wake of this Court’s interpretation of the Fourteenth Amendment’s Privileges or Immunities Clause in the Slaughter-House Cases, 16 Wall. 36.

Held: The judgment is reversed, and the case is remanded.

567 F. 3d 856, reversed and remanded.

Included in this article is additional information on Gun Owners of America. TheAvalonRoundTable has no affiliation in a business role with GOA, except for being a member. I welcome the reader to become familiar with GunOwners of America – KNOW YOUR RIGHTS.

Gun Owners of America

McDonald v. Chicago: Historic Supreme Court Case
On Tuesday, March 2, the U.S. Supreme Court heard oral arguments in the case McDonald v. Chicago, which presented to the Court the question of whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment’s Privileges or Immunities or Due Process Clauses.
Gun Owners of America and Gun Owners Foundation filed a friend-of-the-court brief in support of the Chicago residents who are seeking to invalidate a city ordinance prohibiting them from owning or possessing a handgun in their own home.
The GOA/GOF brief argues that the privileges or immunities clause of the 14th Amendment is the correct basis for ruling that the Second Amendment protects the individual right of all Americans, not just those living in Washington, D.C.  This brief also points out the pitfalls of using the due process clause to reach this conclusion.
For more information about the case, and to read the GOF Brief, click HERE.
Gun Owners of America Membership
Gun Owners of America Alerts

This information is BREAKING NEWS and as such a follow-up article will be posted within 48 hours for the reader to get a more detailed look at the case AND why it is important to KNOW YOUR RIGHTS and given the current financial situation, to be armed and possibly be ready to protect yourself and those around YOU. Of course, comments of an intelligent class are welcome and encouraged.

A theory advanced by former University of Chicago professor John Lott says the crime rate drops when criminals are deterred by the possibility of confronting an armed victim. Lott claimed the Chicago gun ban was to blame for an increase in crime.

Justice Samuel Alito, writing for the court, said in the McDonald v. Chicago ruling that the Second Amendment right “applies equally to the federal government and the states.”

UPDATE:

Gun Owners of America

Have you had enough of John McCain?
Do you want to make sure Arizonans know why gun owners find him an enemy of freedom?
You can make this happen by making sure this ad is heard all over Arizona. (YouTube)


Victory for the Second Amendment
— Gun Owners triumphant at the Supreme Court today

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org

Monday, June 28, 2010

Gun Owners of America rejoices in the fact that the U.S. Supreme Court ruled in favor of Otis McDonald and against the city of Chicago.  In doing so, the Court ruled that the Fourteenth Amendment applies the right to keep and bear arms (in the Second Amendment) to all 50 states.

“This is great news for Otis McDonald in Chicago and even greater news for citizens that are languishing under restrictive gun control laws across the country,” said Erich Pratt, Director of Communications for Gun Owners of America.

GOA is still pouring through the ruling and will have a more detailed analysis later.  But in brief, the Court ruled that:

* “The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States.”

* “A survey of the contemporaneous history also demonstrates clearly that the Fourteenth Amendment’s Framers and ratifiers counted the right to keep and bear arms among those fundamental rights necessary to the Nation’s system of ordered liberty.”

These are arguments that GOA has been making for years.  In fact, Gun Owners of America submitted an amicus brief in this case and was pleased to see that Justice Clarence Thomas made some of the exact same arguments (found in our brief) in his concurring opinion.

The decision by the Court today will have tremendous ramifications for the restrictive gun control laws in California, New York City and elsewhere.

Gun owners, please stay tuned!

 

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