Tuesday, November 20, 2007

Supreme Court WILL hear the Heller Case

http://www.scotusblog.com/wp/

It's official ladies and gentlemen, the Supreme Court of the United States will be taking up the Park (Now Heller) Case to issue a ruling on whether or not the gun laws of Washintgon D.C. are unconstitutional under the Second Amendment of the Bill of Rights of the United States Constitution.

This is the big one. This is the decision that people on both sides of the gun control aisle have been waiting for since early this year. And now after so long, after so much misleading and argument and misunderstanding, we're finally going to get an answer...unfortunately it won't even begin until sometime in early 2008.

Now a lot of people are gonna be nervous about this, probably developing ulcers and getting their stomachs in a knot (the gun banners are gonna be the same way, they've got just as much to lose as we do). But it's out of our hands now, all we can do is sit back and watch and see what happens.

What could happen? I don't know. Nobody knows. It's going to be one of those wait and see things and there's no other way around that fact. However as for the possibilities, these are what I forsee as possible outcomes:

1. The Supreme Court could determine that Heller has no standing in the case and dismiss it without even approaching the Second Amendment.

2. The Supreme Court could finaly determine that the Second Amendment IS an individual right and not that collective nonsense that's been spreading for the last 40 some odd years and poisoning the minds of people. In doing so it could strike down all of the laws D.C. has that're being challenged, such as the so called "safe storage" and licensing provisona.

3. The Supreme Court could still determine that the Second Amendment is an individual right and the suspended licensing program would be made to go away, but the storage provisions could be kept and be cited as a "reasonable restriction" for the safety of others.

4. The Surprme Court could determine that the Second Amendment is indeed a collective right and only applies to preassembled groups of individuals, such at the National Guard, and that they can only bear arms while on duty and never at any other time.

Two things that have to be remembered though.

1. This case will only determine what happens on Federal levels, not state and local levels. Regardless of how the ruling happens the only ones to be affected directly will be D.C. and the Federal Government; indirectly states could be free to do the same if they chose to, but they may not be able to since State Supeme Courts have held that their local keep and bear arms provisions is individual in nature.

2. Even if outcome #4 happens it doesn't mean that gun owners are beat yet. We make up one third or more of the American people, we have a lot of influence when we flex our collective muscles (such as the outcome in New Jersey when the anti-gun candidates never made it to office during election). If the Supreme Court decided that the Second Amendment didn't apply to us on an individual level, then we could very well put pressure on Congress until they made an amendment that stated "The right of the people of the United States to keep and bear arms for all lawful uses is recognized to be an individual right and as such subject to the same treatment as the other Amendments in the Bill of Rights" and clarified that owning guns is an individual right and has nothing to do with organizing as militia members to face tyrants, or to join the National Guard, or any of that bull.

The battle has just started, and it's far from over. And even when it looks like it's over, gun owners won't be beaten; no matter how hard we're stomped down, we always resurface and come back strong.

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