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-   -   The 2nd Amendment is alive and well (http://archives1.twoplustwo.com/showthread.php?t=494245)

iron81 09-05-2007 02:48 PM

The 2nd Amendment is alive and well
 
Chicago Tribune

This is a little old, so I'm surprised there wasn't a thread on it. The DC Federal Appellate Court threw out a longstanding DC handgun ban on 2nd Amendment grounds. This was decribed as the most sweeping interpretation of the 2nd Amendment ever.

Since this ruling conflicts with other Circuit Court rulings, there is also an excellent chance the Supreme Court will hear the case and if they do, similar laws across the country are in jeopardy. Gun opponents urged DC not to appeal the ruling to avoid giving the Supreme Court a chance, but DC has elected to appeal and they are awaiting word from the Supreme Court on whether they'll hear the case.

ikestoys 09-05-2007 03:06 PM

Re: The 2nd Amendment is alive and well
 
two biggest myths of the politics of crime -

1.) Banning guns reduces gun violence
2.) The death penalty deters crime

Borodog 09-05-2007 03:21 PM

Re: The 2nd Amendment is alive and well
 
[ QUOTE ]
Chicago Tribune

This is a little old, so I'm surprised there wasn't a thread on it. The DC Federal Appellate Court threw out a longstanding DC handgun ban on 2nd Amendment grounds. This was decribed as the most sweeping interpretation of the 2nd Amendment ever.

Since this ruling conflicts with other Circuit Court rulings, there is also an excellent chance the Supreme Court will hear the case and if they do, similar laws across the country are in jeopardy. Gun opponents urged DC not to appeal the ruling to avoid giving the Supreme Court a chance, but DC has elected to appeal and they are awaiting word from the Supreme Court on whether they'll hear the case.

[/ QUOTE ]

I can legally own my guns now when I move to DC?

Sweet!

iron81 09-05-2007 03:23 PM

Re: The 2nd Amendment is alive and well
 
As long as you actually live inside the district instead of in Maryland or Virginia. The DC Circuit doesn't cover much geographically. Don't forget about the follow up law getting around the ruling if DC loses in the Supreme Court.

Edit: You could always let yourself get arrested for violating a local gun ban and have your lawyer use the ruling as precedent to get your arrest tossed. MD, NC and Virginia are all in the same Circuit.

EricDrawback 09-05-2007 03:50 PM

Re: The 2nd Amendment is alive and well
 
[ QUOTE ]
two biggest myths of the politics of crime -

1.) Banning guns reduces gun violence
2.) The death penalty deters crime

[/ QUOTE ]

The Death Penalty would deter crime if it was enacted publicly within 24 hours of sentencing. You can thank the appeals process for the loss of deterence.

RebelRebel 09-05-2007 04:30 PM

Re: The 2nd Amendment is alive and well
 
[ QUOTE ]
[ QUOTE ]
two biggest myths of the politics of crime -

1.) Banning guns reduces gun violence
2.) The death penalty deters crime

[/ QUOTE ]

The Death Penalty would deter crime if it was enacted publicly within 24 hours of sentencing. You can thank the appeals process for the loss of deterence.

[/ QUOTE ]

QFT

BCPVP 09-05-2007 04:54 PM

Re: The 2nd Amendment is alive and well
 
See, the way I read the story is that the 2nd amendment is like a man dangling over the side of a cliff who happened to grab a stronger root. He's still dangling over the side of a cliff, hoping that the Supreme Court is benevolent enough to not step on his fingers and maybe, just maybe, help him up. Maybe. Hardly what I'd call alive and well.

adanthar 09-05-2007 04:57 PM

Re: The 2nd Amendment is alive and well
 
[ QUOTE ]
[ QUOTE ]
two biggest myths of the politics of crime -

1.) Banning guns reduces gun violence
2.) The death penalty deters crime

[/ QUOTE ]

The Death Penalty would deter crime if it was enacted publicly within 24 hours of sentencing. You can thank the appeals process for the loss of deterence.

[/ QUOTE ]

You can also thank it for saving hundreds of innocent people from Death Row, so I'd rather not lose it.

Copernicus 09-05-2007 05:55 PM

Re: The 2nd Amendment is alive and well
 
[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
two biggest myths of the politics of crime -

1.) Banning guns reduces gun violence
2.) The death penalty deters crime

[/ QUOTE ]

The Death Penalty would deter crime if it was enacted publicly within 24 hours of sentencing. You can thank the appeals process for the loss of deterence.

[/ QUOTE ]

You can also thank it for saving hundreds of innocent people from Death Row, so I'd rather not lose it.

[/ QUOTE ]

Hundreds? I'd wager that the appeals process vacates the death penalty based on technicalities far more often than it does based on innocence.

adanthar 09-05-2007 07:12 PM

Re: The 2nd Amendment is alive and well
 
[ QUOTE ]
Hundreds? I'd wager that the appeals process vacates the death penalty based on technicalities far more often than it does based on innocence.

[/ QUOTE ]

50 or so murder cases exonerated via DNA evidence just from the Innocence Project alone - and IP typically takes cases where appeals have already been exhausted.

Those are not all DP cases, but the statistics do support me on this; I'll have to dig some link up if you need one, though, since I don't have Lexis/Westlaw anymore.

edit: (man, I've edited this post like 5 times already): http://www2.law.columbia.edu/instruc...man/index.html is linked off Wiki and is the classic resource for death penalty opponents.


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