SCOTUS and the Second Amendment

Grunt

Member
I've been thinking, I know it's dangerous when I think, about this subject.

SCOTUS has really punted on Second Amendment cases lately. I think I know why.

The Originalists and Conservatives on the Court don't want a case they might lose and would restrict Second Amendment Rights.

The Liberals on the Court don't want a case they might lose and that might expand Second Amendment Rights.

So it's almost impossible to get a case heard. Right now we have inconsistencies in the Circuit Courts concerning the Second Amendment. This is where SCOTUS is supposed to step in and resolve those inconsistencies. But they can't/won't.

As an Originalist myself I see almost all firearms restrictions as unconstitutional. At the National level the NFA, the GCA, and some parts of FOPA, the other parts of FOPA would mostly be moot if we were to maintain a strict reading of the Second Amendment.

Personally I'd like to see Voting treated the same way that firearms are. Can you imagine the cry from the Left if we told them they would have to pay $200 for a Voting Tax Stamp?

At the local level...sigh. Any requirement for a permit to purchase, own, or carry is an infringement. That's just a start.

I doubt we'll ever be fully restored our Second Amendment Rights. It's amazing how far the Left have stretched the First Amendment but so want to restrict the Second.

Unfortunately the actions of the Trump administration in regards bump stocks, and the SCOTUS silence, has paved the way for a future administration to do the same with semi-auto firearms, standard capacity magazines, or anything else they can think of.

The ONLY way I can see where SCOTUS would actually start to hear some of these cases and resolve issues would be for President Trump to get two more originalist picks on the Court. This is why, to me, it's imperative that we give President Trump a second term AND hopefully a couple more seats in the Senate.

A ????/Biden administration would seek to restrict or eliminate the Second Amendment. I say a ????/Biden administration because I firmly believe that Biden will either step down, or be forced out within six months, leaving his VP pick as President.

Once can hope that there are Presidential Debates. I can't imagine that Creepy Uncle Joe can do well in a debate. Hell, Trump can get under his skin in 30 seconds and we'll see Biden calling him a dog faced liar and asking Trump to step outside and fight it out. Beyond that I don't think that Biden can string together more than two coherent sentences together.

Between 120 million dead from COVID and 150 millon dead from "gun violence" there aren't that many voters left :) so it's imperative that we gun owners get out to vote in November.
 

Magnum

Well-known member
It's amazing how far the Left have stretched the First Amendment but so want to restrict the Second.
They want to restrict the first amendment too, say something they disagree with and you'll be canceled , fired, jailed or worse. The left doesn't want us to have any rights. The only right they recognize is THEIR right - to do whatever they want.

The horrible leftist scum wants complete control . control over who provides your medical care, how much money any individual can have , who can speak & what they are allowed to say.

There is nothing more despicable than "the party of tolerance " , the party responsible for the longest filibuster in congressional history to try to block the civil rights bill in the 60s, the party of Jim crow and standing in school house doors, the party of the kkk.

I guess someone should tell the woke mob that's tearing down Confederate statues that they belong to the same political party and not much has changed since then.

They'll love communism until they find out Starbucks is gone and that they have to wake up before noon to be at their government work camp or they won't get their bowl of rice today. These fu****g morons refuse to study history and dismiss the past as racist and seek to erase our history , they will be doomed to repeat it. Ignorance and hate are alive and strong today, it's called the Democrat party, as it's always been. If you point out that a hateful socialist regime that was into burning books and re-writing history was crushed into dust in the middle of the 20th century , they were called the Nazis , they'll scoff that they share no similarity and you must be wrong.

Who the hell would support a party that seeks to disarm the population? Wouldn't that make a purple haired , transexual, glue sniffing lunatic suspicious? the government that they don't trust wants them to have no means of defence, wonder what they want to do to me that they need us to be disarmed. Sorry, I saw what happened when Venezuela adopted socialism , they took their weapons , took their livelihoods and within a couple years everyone ate the family dog and shortly after that the government was machine gunning citizens in the street. And they think it would work here? Hilarious if it weren't so scary.

I just shake my head, the left is a grotesque party of ultimate hate. A perversion of America and needs to wake up.

Biden? Who's that?
 

Alexx1401

Member
I have been telling gun owners for a LONG time now. All the problems we have are directly from voters. So many gun owners either will not bother to vote, will a few ready made excuses, or they throw their vote away. So one side keeps wining. How many gun owners never know some new law even went in for years? When they find out? They blame everyone else for a law they could not be bothered to fight. Better yet is gun owners who do not care about some new law if they do not own the guns being gone after. figure I do not own that gun so I don't care. Until some new law hits them. Then they care.
 

George P

Well-known member
The Conservatives on SCOTUS are the ones NOT bringing cases up. Why? because Roberts, the closet leftist, has said he will side with the liberals. We need trump to get two conservatives in to offset him and Ginsburg and Sotomayor
 

Magnum

Well-known member
The Conservatives on SCOTUS are the ones NOT bringing cases up. Why? because Roberts, the closet leftist, has said he will side with the liberals. We need trump to get two conservatives in to offset him and Ginsburg and Sotomayor
Ginsburg AKA "the gator" needs to retire , the leftys made an error trusting killery would win and not letting obummer pick her replacement . they know it and she's trying to hang in there until they hope they can get Biden in. When Biden doesn't get elected I suspect the gator will retire very shortly after (if she makes it that long) . no way I can see that demon lasting another 5 years, don't know why she would want to.
 

Alexx1401

Member
Ginsburg AKA "the gator" needs to retire , the leftys made an error trusting killery would win and not letting obummer pick her replacement . they know it and she's trying to hang in there until they hope they can get Biden in. When Biden doesn't get elected I suspect the gator will retire very shortly after (if she makes it that long) . no way I can see that demon lasting another 5 years, don't know why she would want to.

Yep she is going downhill fast. Like so many far left, once they get a little taste of power it's often real hard to pry them out of their place. I am sure Obama wanted badly to have her just retire so he could pick a younger clone and she refused. It will be gun beyond imagination when Trump gets to pick a couple more SCOTUS Judges. We will get to see the full on temper tantrum and break down of the left. Fun to watch:ROFLMAO:
 

Magnum

Well-known member
will be gun beyond imagination when Trump gets to pick a couple more SCOTUS Judges. We will get to see the full on temper tantrum and break down of the left. Fun to watch:ROFLMAO:
Leftys bursting in to flames from rage, evaporating from the complete failure of their childish leaders that led them to lose so much to a man named trump . A guy they berate as an incompetent Neanderthal that can't tie his own shoes and with his second term will likely prevent the communists from gaining traction for a generation and maybe longer. I'm not one to count my chickens but I simply can't see trump losing in November .
 

Alexx1401

Member
Leftys bursting in to flames from rage, evaporating from the complete failure of their childish leaders that led them to lose so much to a man named trump . A guy they berate as an incompetent Neanderthal that can't tie his own shoes and with his second term will likely prevent the communists from gaining traction for a generation and maybe longer. I'm not one to count my chickens but I simply can't see trump losing in November .

It often seems like the far left is trying to get him re elected. They run a man against him who anyone can see is suffering Dementia. Joe has always been famous as a walking gaff machine when his mind was whole. Now he can no longer put a few sentences together without drifting off. He can't even read a prompter and starts to forget where he is. Then of top of that they have now gone full "Baghdad Bob". While rioters loot and burn they stand there strait face and say it's not happening. As people watch the video and live through it, the Dem leaders say this is not happening. Its as if they are trying to help Trump win.
 

Magnum

Well-known member
It often seems like the far left is trying to get him re elected. They run a man against him who anyone can see is suffering Dementia. Joe has always been famous as a walking gaff machine when his mind was whole. Now he can no longer put a few sentences together without drifting off. He can't even read a prompter and starts to forget where he is. Then of top of that they have now gone full "Baghdad Bob". While rioters loot and burn they stand there strait face and say it's not happening. As people watch the video and live through it, the Dem leaders say this is not happening. Its as if they are trying to help Trump win.
It's a weird phenomenon, my mom is beyond far left. Full blown libturd, she won't speak to me about politics anymore (because I tell the truth , as it is) but she will discuss it with my brother. She thinks he's a mindless democrat too, although he does lean left mainly because he spent too much time in college and has lived in Europe since 2003, he's not a typical democrat. Anyway, she told him a few months ago that she expects Biden to win almost unanimously and trump may get a couple thousand votes from a couple confused people. My brother laughed and told her that he was considering voting Republican in the next presidential election for the first time in his life. She was horrified and speechless .

They just don't get it, I doubt trump has lost any support from 2016 and he's certainly made some new fans along the way. I live in Chicagoland, one of the havens of leftism (and crime, drugs and poverty along side of the ultra wealthy) and the only people I know who don't like trump, don't have jobs and are deadbeat losers . all of them. I know way more Republicans than the sprinkling of democrats around here. I never remember that in years past, wearing a MAGA hat in Chicago could get you killed but the support is strong anyway, I could only imagine in redstate what trumps support is like. Even driving up into Wisconsin , you'll see plenty of trump bumper stickers and that's been a lefty state more often than not.
If the democrats think their central base wants anarchy, communism and all the history wiped clean then they are as crazy as they appear. No one with a functional brain could see Biden as anything but a place holder & a puppet, I honestly feel slightly bad for the guy.

The old guard of the Democrat party is phasing out and coming in is freakshows like AOC & squad, extremists and radicals that the centrist population wants nothing to do with. They're driving their own wedge and alienating people who normally just vote for dems cause they always have, unions don't like their antibusiness stances, liberal gun owners are treated like they have the plague, business owners know who would regulate them out of business and tax whatever's left. I see major damage headed toward the demonrat party in November, a schism that I think will mark US politics for a long time. Radicals VS moderates my soon divide the party and leave themselves without enough support to get candidates elected (let's hope).

On the flip side, trump has unified and strengthened the conservatives , we finally have an unapologetic leader and I'm not alone in saying that I love what he's done for us so far, don't love everything he's said but that's a small price to pay.
 

Ranb

Member
The bump stock ban is being re-visited at the U.S. Court of Appeals for the Tenth Circuit, but maybe the Supreme Court will take an interest in the future if required.

Bump stock cases in the Tenth Circuit and in other federal jurisdictions hinge on whether the ATF can interpret (and reinterpret) a federal statue that appears to be ambiguous. Between 2008 and 2017, the ATF issued several letters determining that bump stocks were not classified as machine guns. Then, following the Las Vegas massacre, the ATF changed their minds and outlawed the devices.
 

Ivy Mike

Member
It puzzles me when people claiming to be originalists or some variation thereof, think that all firearms legislation should be unconstitutional.
That very sentiment tells me they don't get the original intent of the 2nd Amendment. The 2nd Amendment was always about the militia and wouldn't protect any personal firearms ownership except as it relates to the militia. When you consider firearms laws as the strict domain of the states, and that the 2nd Amendment was solely intended to restrict the federal government, it makes a lot more sense. The 2nd Amendment was the compromise between Federalists who wanted the ability to create an army, and the anti-Federalists who were far more comfortable with local militia forces they already controlled. To get the anti-federalists to acquiesce, the promise was made that Congress would not be able to restrict the States from fielding or funding militias. That was the argument put forth by George Mason and Patrick Henry; that congress could simply refuse to fund state militia forces and thus negate the state's abilities to field them. They never mentioned the private ownership and carry of firearms, because that's not what the 2nd Amendment was about. To keep and bear arms is a protection of the one thing that a militia member cannot do without; their rifle.

So as an originalist, I would expect that such a justice would look at decisions like Heller and McDonald, and kick it back to the states or lower courts where it belongs. Firearms legislation is a state issue, according to the original understanding of the 2nd Amendment. If a state wished to forbid the carry and ownership of various arms, it would be well within its rights to do so, as long as that restriction doesn't spill over into the other states. It's up to the people to vote for changes of those laws. That's why most states are very specific in the protections of firearms in their own constitutions, and that IMHO is the primary source of protections for gun rights, not the 2nd.
 
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