So says the 5-Judge majority as stated by Judge Alito.
Why is this a surprise? It shouldn’t be… Think about the first 10 Amendments…
They are limitations on governmental power over citizens. Shall we review?
1st - Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
2nd - Militia (United States), Sovereign state, Right to keep and bear arms.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
3rd - Protection from quartering of troops.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
4th - Protection from unreasonable search and seizure.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5th - Due process, double jeopardy, self-incrimination, eminent domain.
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
6th - Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
7th - Civil trial by jury.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
8th - Prohibition of excessive bail and cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9th - Protection of rights not specifically enumerated in the Constitution.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10th - Powers of States and people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
All of these grant rights to citizens that are to be guaranteed to the citizens of the USA. I think that is a good thing…
“Liberal” Judges don’t get it and, thank God, can’t sell it…
Yahoo has a news link that states:
Justices John Paul Stevens and Stephen Breyer, joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor, each wrote a dissent. Stevens said that unlike the Washington case, Monday’s decision “could prove far more destructive — quite literally — to our nation’s communities and to our constitutional structure.”
Does he recall that the reason we have a country is that the citizens had guns? Just because people can use guns unwisely isn’t a reason to reduce the rights of the citizenry… If that were the case, Free Speech would be reduced first since most arguments and fights begin with words… Perhaps the Judges in their “Ivory Tower” have forgotten this fact… I hope they aren’t that … ignorant!
The passage of concealed carry laws has been “trumpeted” as being so dangerous by many anti-gun groups including the Brady Campaign… However, none of the states with such “Shall Issue” laws has seen any of this destruction to any of their communities. While not funny, it is enlightening that the areas with the most strict gun control laws are those very places where gun violence is so bad-Chicago, Washington D.C., …
Constitutional Victory
Nobody likes like gun violence. Nobody.
Liberals should be granting liberal rights to the citizenry rather than reducing citizen rights. Funny that it appears to be those labeled as “conservative” that grant rights to all of us…
For those who think this will create bad violence and killings, I have a statement…
If the President of the Brady Campaign went out and bought a gun and obtained a concealed carry permit, he/she would not be any more likely to commit gun violence than any other citizen who does the same… Those you need to worry about are those criminals who break the laws and who are willing to use gun violence to “get what they want.”
Remember, the criminal is committing a crime. I don’t think making it illegal to own a firearm is going to stop a criminal from owning a firearm. It hasn’t worked in the United Kingdom, and it won’t work anywhere…
Think critically rather than with your emotions. One is good, the other is scary.