Heller v. DC Has Become a Constitutional Near-Nullity – Quote of the Day

courtesy unclesamsmisguidedchildren.com

“In theory, after the Supreme Court’s Heller decision in 2008, the Second Amendment was supposed to mean something—it was supposed to protect a core fundamental right as important as the freedom to speak or to worship. Just as the First Amendment was the uniform law of the land across the nation, the theory went, the Second Amendment would be as well.

“But, alas, that was not political reality. California judges, especially in cities like San Francisco and Los Angeles, have creatively interpreted the Heller decision into a constitutional near-nullity. The U.S. Court of Appeals for the Ninth Circuit has upheld those decisions. And the U.S. Supreme Court, has abdicated its responsibility by letting lower courts get away with it.” – Declan McCullagh in 2 New Court Decisions Are Quietly Eliminating Californians’ Second Amendment Rights [via reason.com]

comments

  1. avatar former water walker says:

    Gee I can’t choose what laws to obey. Donnie needs to force the issue. Instead of boasting about pretty much NOTHING….

  2. avatar Joe R. says:

    Second Amendment issues are only a problem with the POS (D) and rinos. All of those fuckers are also the purveyors of communistic globalism, so it’s an asshole people problem (“Ass Peeps). It’s interesting to note, that guns ain’t the only problem with the Ass Peeps, and that some of the shit that their selling (Abortion) nullifies their humanity. Logic and history dictates, then, that this Ass Peep problem will only be solved by severe and brutal violence, being only more so, with the passage of more time.

    1. avatar Benny Hinn Laden says:

      Lol 😂

      All the keyboard commandos are coming out strong.

      1. avatar Joe R. says:

        Then the rest of the fruits and nuts of the world

    2. avatar Leroy Jenkins says:

      Word Salad

    3. avatar ThomasR says:

      Well, you are not entirely incorrect Joe R. But not by depending on the hand of Man. The way I see it, the only way to reverse this descent into tyranny without massive blood shed is to have a Christian revival in our country. Without this, any revolution to reclaim our freedom will simply replace one set of wanna be tyrants with another set of wanna be tyrants, only worse, with mass death that would make our first Civil War pale in comparison.

      So the question is, is your motivation first based on the two main comnandments given by G-d? “Love the Lord God, with all your heart and with all your soul and with all your strength and with all your mind and your neighbor as yourself”. If that is the primary motivation, and only upon this motivation and committment , then of the other laws to follow is the other commandment, “if you have no sword, sell your cloak to buy one”, (or two).

      1. avatar ThomasR says:

        I was reading my reply and I saw I needed to clarify. I believe the reason we are faced with these attacks on our freedoms is because we as a nation, have rejected G-d’s laws. These assaukts on traditional american rights are a symptom of this rejection of the Christ and the laws of G-d. I believe we will only reclaim these freedoms, even possibly without blood being shed, once we voluntarily, I said voluntarily, recommit to following the Way, the Truth and the Life.

      2. avatar Benny Hinn Laden says:

        I think that you are right. But you need more faith. I’ve already launched a prayer service calling for California to fall into the Pacific Ocean. It will happen as long as people remember to tithe 10% of their income.

        1. avatar Nigel the expat says:

          Damn. I was asking for 12%. I was wondering where my tithes were going.

          /Goes to drop asking tithes to 9%!

      3. avatar ORCON says:

        Mmmmmmhmmmm…what? Pretty sure that Jesus isn’t mentioned anywhere in any of our founding documents.

        The problem here is that we’re all accepting that Marbury v. Madison is just the law of the land. Fact is, the congressional electors have shirked their duties in lieu of long careers. This sort of thing shouldn’t be up to the courts.

        1. avatar Joe R. says:

          Read the Declaration of Independence and ignore the troll you followed.

        2. avatar ORCON says:

          It was a rhetorical question. The answer is not once.

    4. avatar denny says:

      cisco// WELL SAID ! I Forgot What State is Turning in Knives. > Simple Bastards < ALL The FKN COMMUNISTS Should B STRANGLED ( BY HAND ) AND if They Ban Hands We,ll Cut Thier Fingers OFF @ The 2ND KNUCKLE !

  3. avatar TrueBornSonofLiberty says:

    Scalia should’ve bit his tongue and stopped short before giving the anti’s their perpetual weapon of “reasonable controls”. Classic snatching defeat from the jaws of victory. Still, I have no doubt that with either Kennedy’s much anticipated retirement, or Ginsberg’s long over due death, the court will be much more anxious to hear 2A related cases. I’d rather be patient and not have them take up cases where the outcome isn’t assured. If we hold the senate in November we’ll be in great shape for at least the next generation.

    1. avatar Geoff PR says:

      “Still, I have no doubt that with either Kennedy’s much anticipated retirement, or Ginsberg’s long over due death, the court will be much more anxious to hear 2A related cases. I’d rather be patient and not have them take up cases where the outcome isn’t assured.”

      In a recent dissent of the Court not granting cert. (Peruta, was it?) justice Thomas bitched the 2A wasn’t “getting the respect it deserved”. Gorsuch also signed it. Thomas is interested in correcting that oversight.

      We are forced to wait for the time being. Even if we get the decisions we are waiting for, that won’t be the end of it. The next time the court’s balance shifts Leftist (and it will eventually), Heller, etc. will be gutted with glee by them, and they will consider it to be a great victory along the lines of getting ‘Dred Scott’ reversed…

      1. avatar Cleophus says:

        Maubury Vs. Madison is the biggest load of steaming dog shit that has ever been foisted upon the American people by the idiotic “Supreme Court.” John Marshall pulled a fast one on President Jefferson while Jefferson had his mind elsewhere and so now we’re stuck with the patently idiotic tenants of “judicial review,” which Chief Justice Marshall simply made up out of whole cloth or pulled it out of his ass, one or the other. No where in the Constitution can you find where nine black robed boobs were given the power to rule on the constitutionality of legislation. If you read the Federalist and Anti-Federalist papers, it is plain that the founders meant for the individual States assembled in convention to judge what laws were and were not Constitutional. After all, it was they, the States, that created the federal government to act as their agent, so who could be more natural to judge the laws that affect them and their citizens but the Sovereign States? But Marshall got away with making everyone believe that it was the Supremes job, so we have the morass we’re in now. Most people also have no idea that Congress can pass a law and make that law outside of the scope of the Supreme Court so that they can’t make ANY rulings in it’s regard. They can do this with any law they pass if they wanted to, but they don’t have the balls to do it. They could pass a law tomorrow making all abortion illegal and barring the Supreme Court from having any jurisdiction at all.

        1. avatar Sam I Am says:

          Congress has more power than fencing of individual laws; Congress can put entire categories beyond judicial review. Congress can also create new courts (watch that one if Dimocrats take control of House and Senate).

          Congress has grown fat and lazy, passing vague recommendations (suggestions?) as to the desired purpose or outcome of legislation, leaving it to entrenched bureaucrats to write actual law.

    2. avatar Removed_californian says:

      Read my mind. The first thing I thought of when reading the quotes. For as much praise as the good justice recieved, he just couldn’t leave good enough alone. The decision was fine as it was, but his remark on the limitations to “shall not be infringed” are forever a stain on the heller decision and a hindrance to our progress as a Firearms and liberty loving community.

    3. avatar MarkPA says:

      TrueBorn; You are correct. Yet, take heart. What we complain about in Heller appeared in “dicta”, not the decision itself. For that reason, the lower courts are free to ignore it; and for exactly that same reason, we defenders of the 2A are free to ignore the dicta we don’t agree with. (Funny how what goes-around also comes-around.)

      We defenders of the 2A have a woefully naive idea of what the courts could (if they would) do for us. We are delusional if we think that a SCOTUS decision will categorically rule any law with the word “gun” in it un-Constitutional. While we contemplate our delusion we aren’t doing what ought to be done to make real progress.

      Heller made just minor miracles. Individual right, collective right was nonsense. Self-defense is fundamental. Handgun. And, all of this in one minuscule part of the US. McDonald made just one more minor miracle; it “incorporated” the 2A on the 50 several States. Each of these is almost nothing; and yet, each of these are cornerstones on which everything to come has huge leverage.

      The Wrenn vs. DC “average” man doctrine is the key to watch. Get Won’t-Issue before SCOTUS and it will be crushed by Wrenn. But we don’t yet have the votes; and we are better off waiting for the right answer than being in a hurry to get the wrong answer. We need Trump and the Senate; and, we need “four more years”. Then, we need Pence; and, then four more years. Imagine 16 years of a Trump + Pence administration. How many liberal justices will survive that long? In the mean time, we need to fill the Circuit Courts and District Courts.

      As impatient as we are with Trump; this is our ONLY chance (short of bloodshed).

      Won’t-Issue will fall (IMO) to Shall-Issue. That will be a minor miracle. And, that will be good-enough. It will open the populous States and urban areas to the possibility of CWP. If Tom gets a CWP then Dick will apply; whereupon Mary will start thinking differently about carry in her neighborhood.

      To follow will be litigation over fee levels, onerous testing/qualification, training, disabling antecedents (e.g., a pot possession ticket). These will be expensive and time-consuming; yet, they will fall slowly yet inevitably. It will become harder and harder to maintain that bureaucrats and judges can drag-out the issuance process interminably in urban areas while a majority of States complete the process in 45 minutes to 45 days. Harder still when a growing minority of States – one after another – adopt a “why bother” attitude (and VT continues to refuse to authorize issuing permits to those who wish to have them.)

      We should be working on undermining the “commonly available” doctrine and restoring respect to “ordinary military equipment” doctrine of Miller. We should be working on undermining “dangerous and unusual” and replacing it with “of course it’s dangerous! If it weren’t dangerous then it wouldn’t be an ‘arm'” doctrine. We should be working on eliminating arbitrary gun-free zone declarations. Admittedly, there “might” be “some” place that really ought to be free of civilian guns; but, these ought to be the exception, not the norm. Which might be the top most appropriate place? Perhaps a prison? The next and third next most appropriate places? What doctrine might distinguish such places from everywhere else? Now, then, it is un-Constitutional for 2/3’rds of DC to be a gun-free zone; DC and the Congress must fix these un-Constitutional Zones. And so forth.

      While we are entertaining delusional ideas about what SCOTUS should do for us in one-fell-swoop, the Antis are making strategy for their anaconda approach. We need to roll up our sleeves and start work on our arguments.

    4. avatar ll says:

      If the SC writes a broad decision upholding the constitution and ensuring protection of our rights, it will no longer be a wedge issue used to get people to vote for tax cuts for billionaires and the like

      never going to happen

  4. avatar SurfGW says:

    Heller left a wide door for gun control with the “reasonable restrictions” statement. In reality, Heller is a much weaker ruling that it looks and justifies a lot of restrictions.

    1. avatar Hannibal says:

      It’s certainly a weaker (or more narrow) ruling than some wanted it to be. But it was about as strong as it could be to still be a majority ruling.

      That said, if you happened to live in certain places (DC, NYC, etc) it was a heck of an improvement.

  5. avatar GunGal says:

    California needs to split into separate states
    Pro Gun Rights and Non Gun Rights.
    Or perhaps self sufficient vs have enough money to hire heat.
    For those who have neither, you are officially SOL

    1. avatar TrueBornSonofLiberty says:

      Nope. If you follow their latest “proposals”, you’ll still see that the divisions each include high population leftist cities in each new proposed state. All that will do is given the Liberal Terrorists™️ additional governors, senators, Reps and electoral votes. What we need to agitate for is California’s full secession. Then, the day after they become their own, independent nation, do a full scale military invasion, and “single” out every single enemy of America for special incarceration.

      1. avatar SurfGW says:

        Under the 3 States Proposal, California would be:
        -Northern California = Bay Area, North Coast, North Central Valley. Bluish purple. Has a chance to go Red.
        California = LA and Central Coast. So dark blue, it is a black hole for tax dollars.
        Southern California = San Diego, OC, desert, Southern Central Valley. Reddish purple (burgundy?). SD is going further left, but OC is going more right.
        LA is already screwed in gun rights, but the other areas only gain from disassociating with LA. The only clear loser is the Central Coast, but that is rapidly becoming blue as Angelina’s escape their home looking for places with breathable air and good wine
        https://www.nbcbayarea.com/news/local/3-Californias-Tech-Billionaires-Plan-to-Split-California-into-3-Separate-States-Clears-First-Hurdle-453712033.html

        1. avatar uncommon_sense says:

          California should only be split into two states as follows.

          The first state:
          Los Angeles to San Francisco, including all coastal areas between, the entire San Francisco Bay area and San Jose, and also encompassing Sacramento.

          The second state: everything else

          The only question is whether or not to include Oceanside, Escondido, and San Diego with Los Angeles and San Francisco.

    2. avatar Jay in Floriduh says:

      Kalifornia doesn’t need to split.
      It needs to GO. Get lost, take a hike.
      Form its own country.
      Then let them have an internal civil war. Kill themselves off and with what is left. “We” can maybe let them back in.
      For now. Leaving is better then splitting.

      1. avatar SurfGW says:

        There is a petition to exit the Union and it has been gathering signatures like a like a brush fire burns dry grass.
        If it goes, the 37 million on the coast, the 80 corridor through Sacramento and Tahoe and Fresno will be happy because they are solidly or leaning blue. Will the other 2.5 million in the desert and Central Valley go along?
        Splitting the state is probably more politically likely. Splitting make 1 super Blue State around LA and two purple states (think Florida-like) and is also getting voter support but the Governor and other Dems oppose it.

    3. avatar Joe Nieters says:

      It’s not California that needs to be split, rather it is the 9th circuit that needs to be split. Divide it into thirds with each third taking 1/3rd of the current judgeship with it. Then let Trump nominate the judges to fill the remaining 2/3rds of the seats in each of those circuits.

  6. avatar Shire-man says:

    The BOR is about as effective as a gun free zone sign. It really is just a goddamned pied of paper. Same goes for any mystical decision put down by a bench of robed cultists.

    Reality doesn’t give a shit about laws and regulations. It’s all just pageantry and make believe. All aboard the trolley to the kingdom of make believe where fake man-made regulatory bullshit matters.

  7. avatar Craig in IA says:

    The people in states like CA, CT, NY, MD, etc. are going to have to insist that their rights are maintained and unregulated or lose them. No organization, regardless of how large or powerful, will be able to “fix” things within if the will of the people who live and pay taxes there is such that they themselves do not really care or that preserving these rights is important.

    Is there a problem that one state’s problems can spill over into other states? Absolutely, if the people in the still-unaffected regions do not stay close to their own beliefs and principles.

    We are starting to finally see some pushback in places like IL and CA, however. Various counties and metro areas are now standing against state “laws” and regulations concerning so-called “sanctuary cities”, trashing of the 1st Amendment and RKBA. I believe this movement will continue to grow and spill over into other states as well as citizens under siege begin to see this as a path to some relief, so at this point, all is not lost.

    Personally, I believe if one desires to live in some sort of sanctuary region, they should wall themselves off from the rest of us and eventually their insanity will consume them financially, morally, and in terms of personal and collective safety and the survivors will eventually come crawling back as reality wins out, which it always does.

    What all this really shows is that such programs can only be put into place where one no longer has to be concerned with the normal state of human survival- food, shelter, and many comforts are already being provided whether one actually earns them or not. Once the SHTF, all bets are off and the normal human element takes over, at which point it doesn’t matter whether one is male, female, white, black, yellow, brown, normal (straight), LGBTXYZetc, room temperature IQ, genius or something in-between- only those who’re able to demonstrate some worth to the rest will survive. It may seem ugly and unfair but in reality, the majority of the world already lives under those conditions.

    1. avatar SurfGW says:

      Much of the gun control and sanctuary state stuff comes out of LA and Ventura (who protested gun control after a man was stabbed in the neck by a crazy homeless man in a restaurant). In LA to SB, gun control is so ingrained that the discussion is not if, but how. If the state splits up, much of the gun control crowd will be in one state.

  8. avatar Leighton Cavendish says:

    And it basically means speech AND voting can be restricted as well…since NO right is absolute…correct???

    1. avatar barnbwt says:

      “Hate-voting”

  9. avatar Huntmaster says:

    As a Connecticut resident I’m bailing out as soon as I can retire. The leftist morons are destroying what could be a very nice place to live. Constantly raising taxes till a person is paying $12,000 to $16, 000 a year just in property taxes to live in a modest three bedroom house and drive a late model car. That’s just in property taxes. That doesn’t include income, sales, gas or all the other taxes they want to hit you with. And it’s still not enough.

    Then they have all the gun laws that the special people are exempt from. And the special people also get twenty year and out full retirement packages from the State. Where the hell is my twenty year retirement? The rest of us have to work until we are seventy-five so these clowns can retire at 45? And now our State Legislature and Governor just decided that it doesn’t matter how we vote in a presidential election, our electors have to vote with the popular vote in the rest of the states? The people with any common sense are so outnumbered by the kleptocrats and mentally incompetent, fleeing by the thousands is the only thing left to do. They are doing it and taking everything with them. Connecticut is done, nothing can save it.

    1. avatar Gov. William J Le Petomane says:

      ‘our electors have to vote with the popular vote in the rest of the states’

      I get a kick out of this movement. It’s only (D) states that are doing it, so it all it’s doing is guaranteeing that a Dem can never get in without winning the popular vote but does nothing to prevent a Republican from doing so. Beyond that it’s highly unlikely that a Dem could win without the popular vote anyway since a large majority of small states are solidly (R), so the Republicans have a distinct advantage in the electoral college, as can be shown by the fact that they’ve won two elections out of the last five that way. And someday in the distant future when this actually sways the electoral college to the side these states oppose the laws will vanish before the next election.

      1. avatar Ed Schrade says:

        It was either Stalin or Lenin that said that it doesn’t matter how the people vote , it’s who counts the votes. Sounds like a liberal dream. Maybe a reality.

    2. avatar uncommon_sense says:

      Huntmaster,

      You should move out of Connecticut as soon as possible. Your presence in Connecticut is directly helping Socialists and Communists (who call themselves Democrats) increase their power and influence with your substantial tax dollars.

      The sooner that Connecticut collapses financially, the better.

  10. avatar Gov. William J Le Petomane says:

    I wish CA would hurry up and either secede or fall into the ocean.

    As for the SCOTUS, at least 4 out of the 9 are card carrying communists, and 3 more can’t be trusted. Best to let CA have it’s way than to undermine the 2A for the rest of the country. Thedonald and the turtle are actually doing a great job packing the federal courts with conservatives, but that can only go so fast and with the SCOTUS we’re stuck waiting for the commies to die. The wheels of justice turn slow.

    1. avatar Green Mtn. Boy says:

      “I wish CA would hurry up and either secede or fall into the ocean”

      One or another but let’s get it over with.

    2. avatar BehindEnemyLines says:

      California cannot fall into the ocean. The part that is on the Pacific plate is moving adjacent to, but in the opposite direction of, the part that is on the North American plate.

      I’d be fine with LA, SF, and the connecting counties becoming a seperate state. Most of the rest of California isn’t as rabidly leftist as those areas. If I drive 30 minutes out of the city, I start seeing ranches and farms with “Never Hillary” signs. The leftists have such a stranglehold on the politics of this state that these folks aren’t represented at all.

      1. avatar Gov. William J Le Petomane says:

        Yes, we all know that if CA does fall into the ocean it won’t break of at the state lines between it and OR, NV, and AZ but rather just the part to the west of the San Andreas fault. But that would be sufficient to convert CA to a 2A loving red state.

    3. avatar JR Pollock says:

      Those 4 communists could and would vote for cert if they thought they could trust Kennedy to deliver the 5th vote. That they don’t should tell you something.

      I think Alito is every bit as supportive of the 2nd A as Thomas and Gorsuch are. His opinion in Caetano v MA certainly showed that. The only one I’m not 100% on is Roberts because to the best of my recollection, he hasn’t written any opinions in either Heller or McDonald, merely concurred with the others. I’d put him at 85%. I might be wrong about that but can’t go chasing down all the cites at the moment.

      Having to deny cert to Peruta was tough, but had they taken it, and had Kennedy side with the commies, it would have been disastrous nationwide, especially given the recent events of Parkland, FL. Every blue and purple state might be repealing all right to carry laws right now. I can’t imagine how much more shitty our new Florida gun laws would be had we lost Peruta.

      As much as it sucks right now, I’d rather tough it out until the change in Justices occurs. As it stands we can’t even count on our Republican governors and state legislatures anymore.

      1. avatar Gov. William J Le Petomane says:

        It’s actually Gorsuch I placed in the cannot be trusted category, but just since he hasn’t been around long enough to place any serious trust in just yet. I am optimistic about Gorsuch though. Roberts has gone native. After the logical contortions he came up with to save Obamacare it must be assumed that he will vote with the commies in the future.

      2. avatar David Keith says:

        Repealing carry laws will really fix things up. Hahaha!!

  11. avatar stateisevil says:

    Duh

  12. avatar David Banner says:

    I simply don’t give a crap any more …. please BAN EVERYTHING !

    Just remember what The HULK said …..

    ” Mr. Magee , don’t make me angry , you wouldn’t like me when I’m angry “

  13. avatar Gun Owning American says:

    Ban liberals, problem solved.

  14. avatar Court Watcher says:

    The makeup of the Court will change. Time is on our side.

    1. avatar Fudds Mckenzie says:

      The SC might be due to swing conservative, but congress and the oval office will go the other way. The more things change, the more they stay the same.

    2. avatar denny says:

      ONLY IF The Dick Heads in GOP, RYAN Mc Conell & COMP. GET OFF THIER ASSES !! I Want 3 NEW LAWS ( 1 ) TERM LIMITS ( 2 ) ONLY 2 MO OFF 2 LIE 2 THE PPL ( 3 ) U VOTE With The COMMIES More Than( 7 ) Times YOUR ASS IS OUT / W/ NO RETIREMENT.

  15. avatar Fudds Mckenzie says:

    Pretty much. Scalia took a dump in that punchbowl immediately after the everclear and limes were added.

    You know, I mean sorry, the RKBA fight isn’t going so well. I know you a lot of you wanted to elect Trump and coast to victory on that and a bunch of wal-mart-conservative policy, but that was wishful thinking.

  16. avatar cisco kid says:

    This should not be a surprise to anyone who has studied the history of the Supreme Court as they always vote according to public opinion to stay in power and the Constitution always has been more worthless than a roll of toilet paper to wipe your ass with.

    The courts in the Dred Scott decision told him (according to public opinion) you have no Constitutional rights because you are not classed as a human being only a piece of property.

    In WWII Japanese Americans were not classed as “real citizens” even though they were born here and they were all thrown into concentration camps. Gun owners get ready you may be the next group to be thrown into mass incarceration. Your on the “shit list” of public opinion.

    Laws forbidding the intermarriage of whites with “all minorities” were once the law of the land in various southern white hill jack states. All blessed by the corrupt Supreme Court.

    Laws preventing the women’s right to vote, or the right of minorities to vote were all instituted by the Original Swamp Rat founding Fathers who established a country “by the filthy rich” and only for “the filthy rich” and it haunts the American people to this very day with Herr Drumpf being the most low life disgusting scum bag example of this.

    Yes the Gun Owners of America have now become “The new Niggers” and if you think you will have any Second Amendment Rights at all your living in a fantasy world as your on your way to complete extinction and the avalanche of new gun ban laws, all blessed by the corrupt Supermen Court, prove it beyond a shadow of a doubt. Your history Jethro because public opinion wants your kind placed side by side with the exhibits of dinosaurs in museums.

  17. avatar David Keith says:

    We’ll see about tougher gun control laws. They’re things worse than death.

Write a Comment

Your email address will not be published. Required fields are marked *

button to share on facebook
button to tweet
button to share via email