View Full Version : Supreme Court declines challenges to gun laws
mick silver
24th February 2014, 02:33 PM
Supreme Court declines challenges to gun lawshttp://l1.yimg.com/bt/api/res/1.2/FZN6924R0WZ__x92.x6.GA--/YXBwaWQ9eW5ld3M7Zmk9Zml0O2g9Mjc-/http://media.zenfs.com/en_us/News/logo/reuters/d0c3eb8ca18907492a4b337b5cec5193.jpeg (http://www.reuters.com/)Reuters – 6 hrs ago
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By Lawrence Hurley
WASHINGTON (Reuters) - The Supreme Court on Monday declined to wade into the politically volatile issue of gun control by leaving intact three court rulings rejecting challenges to federal and state laws.
The court's decision not to hear the cases represented a loss for gun rights advocates, including the National Rifle Association, which was behind two of the challenges.
The first case involved a challenge by the NRA to a Texas law that prevents 18-20 year olds from carrying handguns in public. It also raised the broader question of whether there is a broad right under the Second Amendment to bear arms in public.
The second NRA case was a challenge to several federal laws and regulations, dating back to 1968, that make it illegal for firearms dealers to sell guns or ammunition to anyone under 21.
The third case was on the narrow question of whether consumers have the legal right to challenge laws that regulate the sale of firearms. The challenge to a federal law that restricts the interstate transport of guns, and a related Virginia law, were filed by several District of Columbia residents who wished to obtain guns via neighboring Virginia.
The court has yet to decide whether there is a right to carry guns in public, a question left unanswered in its two most recent gun-related decisions.
In the 2008 District of Columbia v. Heller case, the court held that the Second Amendment of the U.S. Constitution guaranteed an individual right to bear arms. Two years later in McDonald v. City of Chicago, the court held that the earlier ruling applied to the states.
(Reporting by Lawrence Hurley; Editing by Howard Goller)
Twisted Titan
24th February 2014, 05:58 PM
I could give a ratts ass whAt the SC decide to hear.
If you think im willfully giving up my shyt at this late stage in the game you are abosolutely crazy.
Blink
24th February 2014, 07:04 PM
And if they tell you to hold a gun to your head and pull the trigger, would you? Or would you voluntarily become a criminal for disobeying "their rules", oops, their "laws" and not pull the trigger to prevent your head from leaving your shoulders? Come on, you don't want to piss the government off do you? They'll send the police, and, and and city people, and, and and make you read real reports on how evil you are, and, and and fine you, sheeesh........
Cebu_4_2
24th February 2014, 07:06 PM
Seems to be a group effort:
https://duckduckgo.com/?q=Supreme+Court+declines+challenges+to+gun+laws
mick silver
24th February 2014, 07:16 PM
Supreme Court Decision May Permit Felons To Own Guns http://www.nysun.com/national/supreme-court-decision-may-permit-felons-to-own/80870/
mick silver
24th February 2014, 07:19 PM
Gun Law Challenges Likely After High Court Ruling
Tuesday, 29 Jun 2010 06:41 PM
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State or local gun laws that prohibit people from carrying firearms outside the home and onerous registration requirements are the most likely to be struck down by judges following the Supreme Court's latest decision supporting the right to keep and bear arms.
An explosion of cases will keep courts busy for years defining gun control's new limits now that the high court has ruled that wherever they live, Americans have a right to possess guns, at least for self-defense in the home.
Justice Samuel Alito, author of the majority opinion Monday, dismissed "doomsday proclamations" that all gun laws would be struck down. Alito essentially repeated the formulation used by Justice Antonin Scalia two years ago that the court was not calling into question "long-standing prohibitions on the possession of firearms by felons or the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings."
But the justices left a lot of ground for other courts to cover in determining the constitutional limits on gun laws. Legal challenges already are pending against several state and big-city gun laws.
Among other laws already facing lawsuits or expected to be challenged:
—Age limits that bar people younger than 21 from buying or owning guns.
—Lockbox and trigger-lock requirements to keep guns away from children.
—One-gun-a-month purchase limits in California, Maryland, New Jersey and Virginia.
—Georgia's prohibition on carrying guns into churches.
—Bans on guns in bars.
—California's outlawing of certain handguns.
—Assault weapons and ammunition bans.
—Federal and state prohibitions aimed at keeping domestic violence offenders from having guns.
Local officials around the country professed confidence that their regulations would hold up under legal scrutiny, but many scholars were not so sure.
"I think a lot of these will fall," said Temple University law professor David Kairys, a gun control proponent. "Can you limit people's ability to carry concealed weapons, or open weapons? That's noticeably absent from the majority's list of what you can do."
Eugene Volokh, a UCLA law school professor who has written extensively on these constitutional issues, predicted challenges to the ban on assault rifles will fail because judges will conclude that people still will be "free to have lots and lots of guns."
But he said attempts to eliminate carrying restrictions probably will fare better because gun rights advocates can argue that their right to self defense means that they should be able to carry their weapons almost wherever they want, with exceptions for government buildings and schools.
Drawn-out permitting processes in New York and elsewhere also are ripe for a challenge, Volokh said. "I think a court will have no problem upholding a one-, two-, five-day waiting period," he said. "But if you're talking about a five-month wait, then a court may find it's a substantial burden."
New York restricts who can possess and carry guns, allowing handgun permits only to applicants of "good moral character." New Yorkers who want to carry their weapons must show "good cause" in addition to character, under a 99-year-old law.
James Jacobs, a New York University law professor, said the high court presumes people have a right to a gun unless the government can show there's a good reason to prevent it.
The ruling, Jacobs said, "casts a long shadow over New York City's gun regulations."
San Francisco officials are defending their law that bans handguns kept at home unless they are stored in a locked container or have their trigger locks engaged. Washington, D.C., where the court struck down a handgun ban in 2008, is facing a new federal lawsuits over its registration law and refusal to allow people to carry weapons outside the home.
Douglas Berman, an Ohio State University law professor, said courts might decide that in places with tough registration laws, restrictions on where guns can be carried may be less important — and vice versa.
But Berman said he expects some of the hardest questions will deal with people making a case to be armed for self-defense. "Can a state say no guns on college campuses? That's someone's home," Berman said.
Many federal criminal defendants already have sought to challenge gun charges pending against them based on the Supreme Court's decision in 2008, and "there are likely a significant number of state criminal defendants" who will do the same, Berman said.
One category of challenges could come from people convicted of misdemeanor domestic violence crimes because the high court offered assurances only about laws that bar felons from having guns.
Family Violence Prevention Fund lawyer Jennifer White said she expects stepped-up challenges to laws that seek to keep guns out of the hands of people convicted of domestic violence. "It would be a horrible danger to battered women and children if that aspect of the law is eliminated," White said.
——
Associated Press writers Greg Bluestein in Atlanta, Sara Frazier in New York, Trevor Hunnicutt in San Francisco and Thomas Watkins in Los Angeles contributed to this report.
© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Glass
25th February 2014, 01:02 AM
those cases seemed to be more about the age of majority (21) than anything else.
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