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Antonin Scalia: Supreme Court will See Gun Control Cases Soon

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Justice Scalia (courtesy lawyersgunsmoneyblog.com)

The McDonald and Heller decisions have forever changed the game for gun control in the United States. The incorporation of the Second Amendment and the precedent that “commonly used” firearms cannot be banned has called into question everything from may-issue licensing to “assault weapons” ban legislation, possibly making them as unconstitutional as “separate but equal” and poll taxes. And according to Judge Scalia, the Supreme Court appears to be spoiling for a fight . . .

From The Washington Examiner:

Conservative Justice Antonin Scalia, decrying America’s demonization of guns, is predicting that the parade of new gun control laws, cheered on by President Obama, will hit the Supreme Court soon, possibly settling for ever the types of weapons that can be owned.

Scalia, whose legacy decision in the 2008 case of District of Columbia vs. Heller ended the ban on handguns in Washington, D.C., suggested that the Constitution allows limits on what Americans can own, but the only example he offered was a shoulder-launched rocket that would bring down jets.

And the wily judge suggested to an audience of Smithsonian Associates at George Washington University’s Lisner Auditorium Tuesday night that he is not just preparing for a new gun control challenge, but that he’s softening up one of his liberal colleague on guns.

From what I’m seeing, it looks like Kachalsky v. Cacase is going to be the chosen case to get pushed to the front of the SCOTUS line, a case which would get rid of “may issue” licensing and seal the right to carry a firearm for personal protection. Dywinski v NY is the one I’d really like to see though (NY SAFE Act challenge), but we’ll have to wait for it to work its way through the lower courts before the Supremes even get their first bite of that apple.

What I’m wondering is how California is going to handle their laws when New York’s proposed assault weapons ban is struck down. As far as this amateur backseat lawyer can figure, it’s going to be an all or nothing sort of decision that either stops any state from outlawing “assault weapons” based on their features or permits them to ban whatever they want. So if NY’s AWB is ruled unconstitutional, will the other states comply with the decision or will they need to be beaten into submission?

Whatever happens, this is going to be TONS of fun to watch. With the court as it is, it’s more likely than not that the Second Amendment is going to get some serious bolstering that will rain on the gun control advocates’ parade. There’s no better argument than “what you’re proposing is unconstitutional according to the Supreme Court” to kill a gun control bill.

0 thoughts on “Antonin Scalia: Supreme Court will See Gun Control Cases Soon”

  1. “Well, La-dee Freakin’ Da!”

    They had no previous LEO sales since it was only recently they started to sell them.

    Who are they trying to fool. It is a promiss with no merit because there are no sales to loose. Go FOAD CTD!

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  2. All this will do is make it harder for cops to get the gear they need in areas where it is needed the most. I am an NRA endowment member, a member of GOA and a police officer since 1999. I support the every positive effort we can do to fight further gun control. But risking officers lives is not something I support. I am also a long time Midway USA customer and I spend thousands with them every year. Well no more.
    Pat

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  3. I bought one for home defense and plinking. Racking a scattergun is usually warning enough for an intruder. If it were not, I upped the intimidation level with a Black Ops dual recoil spring adjustable stock, replaced the chainsaw handle with a Mako flash light/ pistol foregrip and a couple of Kabar 5 inch blades to either side. Zombies, home intruders or coke cans…..I am ready for them all. For the record, I have been shooting twelves my whole life. The sissy stock is for my wife and daughter who do not handle the kick as well as I do.

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  4. Unfortunately, the “leadership” of the NYS Association of Chiefs of Police are walking, breathing examples of both the Peter Principle and Conquest’s Second Law of Politics (Any organization not explicitly right-wing sooner or later becomes left-wing.). They have been utterly captured by NYC and Long Island political interests.

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  5. If the SCOTUS would be clear and final this would indeed be great. But when one allows for interpretation it gets fouled up by other lawyers.

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  6. “But my fellow gun guys have plenty to answer for, too. We don’t live in a vacuum. Our guns affect everybody, and the non-gun-owning public has a right to expect things to improve. More than ever, after the transformative horror of Sandy Hook, the old defensive crouch is inadequate. If gun culture is to survive, gun guys need to get in the game. If we want to hold on to our guns, we need to be part of the solution.”

    Really? he can go fuck himself. Us “gun guys” (fuck you again, I’m American) don’t need to engage anyone. They need look no further than their bullshit academic approach to the treatment of people as a whole.
    1. There are no losers
    2. Everyone is equal in ability
    3. Guns kill people.
    4. non-gun-owning people have the “right” to expect things to improve
    LOGICAL FALLACIES.
    1. People lose all the time. There are winners and losers. EOS
    2. I’d love to have the martial arts ability of Kano or Mifune, but I don’t.
    3. People kill people.
    4.Improvement is not a “right”, it’s a pursuit. You have the right to this pursuit but you don’t have the right “expecting betterment” as an absolute.

    If the non-gun-owning crowd should have any expectation, it should be that they should expect thugs to target them and not us so much. It will be that they expect life to be unfair and not all things are equal.

    There is no debate. The 2nd amendment is not open to compromise. This jack-lite-thug can go shit in his hat with his mis-direction and his Masonic flashing. I don’t buy his attempt to seem like a pro-2a. It’s more of the “Hey, I have a gun too.. why do you neeeeed 10 rounds to kill a deer?”… so tired of this.

    No more.
    Done.
    Finished.
    I will not comply.

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  7. I wouldn’t include Cheaper Than Dirt with Midway. CTD has refused to ship completely legal products to California for ages now unlike Midway. CTD can go pound sand. Go Midway.

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  8. I know there are a few remaining liberals out there that support the Second Amendment but they are engaged in an act of self delusion when they continue to support today’s Democratic Party agenda. The Second Amendment is not compatible with the infantilized, government dependent citizen that the Party is in process of creating. These liberals have to make a choice between the right to bear arms or free contraception, abortion on demand and gay marriage — those are archtypal issues — so choose wisely my liberal friends.

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    • These liberals have to make a choice between the right to bear arms or free contraception, abortion on demand and gay marriage — those are archtypal issues — so choose wisely my liberal friends.

      Leaving the red herrings of “free”, and “on demand” aside, why force this choice? That doesn’t make any sense and arbitrarily weakens support for gun rights for no reason.

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  9. Is this mikeybnumbers in a different ‘net guise? Really. How is it possible for someone to be that far down the kool-aid hole and not see the world getting dark? My Saturday migraine is wide awake and there is plenty of scotch in the cabinet…this will not end well…

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  10. The gun manufacturers have shown us the path. We have the opportunity to bolster their efforts. In the “note” portion of any online transaction we have the opportunity to instruct the cancellation of our intended purchase. We need only instruct the provider to cancel the purchase if it originates, is manufactured or is shipped from, e. g. New York, California, Illinois (particularly Chicago) and Minnesota to name a few.

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  11. Why was a tax-prep business the target of an armed robbery? And why was an armed guard posted there? I’m glad someone was able to respond, but the whole thing makes me wonder…

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  12. I’ve said it before and I’ll say it again…. After I see another decade or so of diamond level sponsorship for the SAF, we can talk forgiveness.

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  13. Remember when we used to get to read about fun new shooting products and only every third or so article was political? God, I miss that.

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  14. I forgave Ruger, because when the buried Bill, they buried his philosophy.

    I have NOT forgiven S&W, because I am reminded of their foolishness every time I see one of their revolvers with an internal lock. Loose the lock.

    And All I have to do is look at CTD’s priced to know they are just pandering.

    Soon enough, we will have to punish all gun, accessory, and knife makers from anti-gun states who choose to stay there. Yes, Knives. Because those will be next.This will be a BAD thing. But that is what war is.

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  15. I’ve said this many times; “The Middle Class, and those who would defend it, are being marginalized, demonized, denegrated, dehumanized as a lead-up to their Isolation in preperation for a death blow to the American Culture, a genocide as the UN defines it.

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  16. There seems to be a mindset that says criminals deserve a chance to kill us. Nobody needs an AR, you can use a pistol. An AR will be too tough on a perp, so use a 6 round pistol & be a sport, give the guy a chance to kill you & your family, it’s the “right” thing to do. Oh well, it’s late & I danced my ass off with the nightclub ladies, clunk, Randy

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  17. As soon as I saw ‘ex-marine’ I knew this person was lying through their teeth. As I’m sure anyone who is, was or knows a marine, you’re never an ex-marine. “Once a marine, always a marine,” is a slogan of pride almost every marine I’ve known not only says, but lives by.

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  18. well, those idiots only made 1.4% in fiscal 2012. Keep up the good work. Bloomberg says they need 8% returns to remain a sustainable pension.
    Value investors, keep your eyes peeled. One man’s sale is another man’s purchase.

    I wonder what they bought the shares for, and if they are seeing a gain. I guess if they were seeing a gain, they would have reported it, correct?

    OLN has a nice dividend, but i don’t know jack about Alkali products which is like 75% of their business.

    Investing on emotion, or for ethical purposes, is the worst way to go about it. Think Solyndra.

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  19. If the 46.6 billion and 13.5 million numbers published are correct, then I have to ask: Why is this even worthy of mention here on TTAG? A pension fund reallocates less than 0.03% of holdings… wow.

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  20. Could we get back to an important technical issue that seems to have been neglected? What are the TTAG contibutors’ recommendations concerning shot size and powder load for an effective 12ga shell to hunt these drones? #4 Buck? #6 upand game loads? Could we please see a testing program of various loads against different brands/sizes of snooping drones?

    Thank you for the assistance in this matter. Sincerely, ….

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  21. cloudy day
    cement building
    dead battery
    oops, I used my gun as a hammer
    oops, I got saltwater on my gun
    oops, I left my gun by the microwave transmitter
    oops, I deactivated it on purpose so i could goes about my killings.

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  22. RF,

    I’m an old fart that hates rap music (sic), but even I had to queue up Sir Mix-A-Lot after reading the post title.

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  23. Yeah, the bulkier gun and not pulling the sock up onto the holster, up to the grip are probably your issues. I’ll bet if you go smaller and pull up your sock, the holster will work a lot better. Think Popeye from the French Connection- pulling up your sock is cool.

    Seriously though, you can only fight physics so much. That’s why I’m selling my PF9 and buying a Smith Model 36.

    Reply

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