Second Amendment Question

[crocdog1]

I have a question for all those who believe it is a constitutional right to carry guns and assault weapons to Presidential Events.

If this be so, then please tell me how come it is not the right of every American to carry guns and assault weapons at our airports and aboard planes.

Just wondering.

[Jay]

I have a question for all those who believe it is a constitutional right to carry guns and assault weapons to Presidential Events.

If this be so, then please tell me how come it is not the right of every American to carry guns and assault weapons at our airports and aboard planes.

Just wondering.


There is NO individual right to possess a firearm under the 2nd amendment, as it has not been incorporated to apply to the states yet, per the USSC. The 5th Circuit has ruled it is a 2nd AM right though.

That aside, say such right existed, the "right" is not "absolute" in nature, therefore, such weapon possession can be banned at airports AND at a gathering of people, as also the "right to assemble" is also NOT absolute.

[Lady_Jean_La]

There is NO individual right to possess a firearm under the 2nd amendment, as it has not been incorporated to apply to the states yet, per the USSC. The 5th Circuit has ruled it is a 2nd AM right though.

That aside, say such right existed, the "right" is not "absolute" in nature, therefore, such weapon possession can be banned at airports AND at a gathering of people, as also the "right to assemble" is also NOT absolute.

I've seen guns in airports, so obviously it is not a total ban. imo

[Jay]

I've seen guns in airports, so obviously it is not a total ban. imo


What I meant was, you can't take one inside the security area, that is, past the screeners/metal detectors.

[Lady_Jean_La]

What I meant was, you can't take one inside the security area, that is, past the screeners/metal detectors.

Not loaded. But you can ship them by air, unloaded. During the campaign a hunter was detained for a short while because he had a rifle in a case. at the airport in Denver where Senator Obama was arriving. IIRC

[beattherap]

There is NO individual right to possess a firearm under the 2nd amendment, as it has not been incorporated to apply to the states yet, per the USSC. The 5th Circuit has ruled it is a 2nd AM right though.

That aside, say such right existed, the "right" is not "absolute" in nature, therefore, such weapon possession can be banned at airports AND at a gathering of people, as also the "right to assemble" is also NOT absolute.
didn't the ussc in heller v wash. d.c. rule that the 2nd amend. does guarantee an individual's right to own a firearm... 2008 case i think.

[Jay]

didn't the ussc in heller v wash. d.c. rule that the 2nd amend. does guarantee an individual's right to own a firearm... 2008 case i think.


Think now!!

D.C.!!

Not a "State", right. The issue of incorporation was not decided.


The "Question presented" when Certiorari was granted was limited to DC's gun ban.


23 With respect to Cruikshank’s continuing validity on incorporation, a question not presented by this case, we note that Cruikshank also said that the First Amendment did not apply against the States and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases. Our later decisions in Presser v. Illinois, 116 U. S. 252, 265 (1886) and Miller v. Texas, 153 U. S. 535, 538 (1894) , reaffirmed that the Second Amendment applies only to the Federal Government.


http://www.law.cornell.edu/supct/html/07-290.ZO.html



Sure, for all practical purposes and effect, it does apply to the states, for if a city/state forbade such as DC did, suit can/will be filed to cite Heller as non binding precedent and or dictum, then it would probably go to the SC for an incorporation decision, true.

[beattherap]

Think now!!

D.C.!!

Not a "State", right. The issue of incorporation was not decided.


The "Question presented" when Certiorari was granted was limited to DC's gun ban.


23 With respect to Cruikshank’s continuing validity on incorporation, a question not presented by this case, we note that Cruikshank also said that the First Amendment did not apply against the States and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases. Our later decisions in Presser v. Illinois, 116 U. S. 252, 265 (1886) and Miller v. Texas, 153 U. S. 535, 538 (1894) , reaffirmed that the Second Amendment applies only to the Federal Government.


http://www.law.cornell.edu/supct/html/07-290.ZO.html



Sure, for all practical purposes and effect, it does apply to the states, for if a city/state forbade such as DC did, suit can/will be filed to cite Heller as non binding precedent and or dictum, then it would probably go to the SC for an incorporation decision, true.residents of d.c. don't have More federal constitutional rights than residents of states... imo, your statement that "There is NO individual right to possess a firearm under the 2nd amendment..." is no longer true.

[Len]

The reality is that the 2nd amendment is outdated and no longer makes sense. It should be repealed. I hope that there will be a president/congress with the courage to do so in the future.

[watcher2005]

The same reason we have to take off shoes, can't drink water from our own bottle, can't stop them from feeling up our relatives, mother's have to drink their own breast milk, or Medal of Honor winners have their medals seized, I guess. To make us well trained.

[watcher2005]

http://www.usconstitution.net/const.html#Am2

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Most of these people seem to forget the part about "A well regulated militia". It certainly leaves open the door for regulations, doesn't it? The right to bear arms is not unlimited or unregulated, nor should it be.


I guess a Regulator Clock means it has lots of federal rules to comply with?

[Lady_Jean_La]

Not really. Let me enlighten you.

Regulator clocks, sometimes referred to as pendulum clocks, were invented in the late 18th century in a quest for greater timekeeping accuracy. They were weight-driven devices and featured a deadbeat escapement (an improvement on the anchor design). To ensure their accuracy, they usually omitted complicated features like calendars. Instead, each of the clock’s hands worked off a different mechanism.

I think they are outdated. imo

[watcher2005]

Not really. Let me enlighten you.

Regulator clocks, sometimes referred to as pendulum clocks, were invented in the late 18th century in a quest for greater timekeeping accuracy. They were weight-driven devices and featured a deadbeat escapement (an improvement on the anchor design). To ensure their accuracy, they usually omitted complicated features like calendars. Instead, each of the clock’s hands worked off a different mechanism.


Exactly. Well regulated clocks... well regulated militia. Accurate, dependable, and independent.

[Patriot]

Exactly. Well regulated clocks... well regulated militia. Accurate, dependable, and independent.

:thumbup: Awesome, watcher. You are so enlightened. :wink:

[Jay]

residents of d.c. don't have More federal constitutional rights than residents of states... imo, your statement that "There is NO individual right to possess a firearm under the 2nd amendment..." is no longer true.



Here is the Q presented, as you see it is LIMITED to DC's gun ban, and as Heller quoted, the issue of incorporation was not decided. so as it stands now, yes, they do enjoy 2nd AM individual protection, per the USSC, where the states do not.


http://www.supremecourtus.gov/qp/07-00290qp.pdf