High Court Rejects Appeal Over Ban on Guns at Post Offices
Source: Associated Press
The Supreme Court won't hear a dispute over a U.S. Postal Service regulation that bans guns from post office property and adjacent parking lots.
The justices on Monday let stand an appeals court ruling that said the Second Amendment right to bear arms does not extend to government buildings or the parking areas that serve them.
The case involved Colorado resident Tab Bonidy, who has a permit to carry a concealed handgun. He sought a court order striking down the regulation after learning he would be prosecuted for carrying his gun while picking up mail at his local post office or leaving it in his car.
The Obama administration argued that the Second Amendment does not restrict laws forbidding guns in sensitive places such as schools and government buildings.
Read more: http://abcnews.go.com/Politics/wireStory/high-court-rejects-appeal-ban-guns-post-offices-37810287
By THE ASSOCIATED PRESS WASHINGTON Mar 21, 2016, 10:13 AM ET
Short article. No more at link.
NutmegYankee
(16,199 posts)Some people... You have a clear right to own guns, go hunting, and defend your home if you need to. You don't have a right to carry a gun every god damned place you go.
Darb
(2,807 posts)this decision.
Oh well.
Darn.
TeddyR
(2,493 posts)Scalia said in Heller that Second Amendment rights aren't absolute, and this restriction seems fine to me.
But the Gun Humpers think their toys are more important than anything. Kinda like a binky, or a blankey.
villager
(26,001 posts)Lizzie Poppet
(10,164 posts)Like the huge majority of gun owners, I approve of reasonable regulations.
NutmegYankee
(16,199 posts)The guns everywhere people annoy me, but so do the totalitarian anti-gun people who argue the Second Amendment doesn't protect individual gun ownership and yet pretend they are liberal. Bullshit! A Liberal believes in individual liberty and rights as enshrined in the Bill of Rights. The Bill of Rights are limits on the power of Government, not powers of it. The Federal government doesn't need a right to regulate the militia, it's already got that power in Article I Section 8:
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
What the Second protects is the right of the people to not be disarmed. A republic puts its power in the people's hands and trusts them. Alas, we seem to have moved to oligarchy these days.
Darb
(2,807 posts)I own guns but things have changed. Our society is vastly over-gunned and the kooks have got em en mass. I say we dial it back a bit. You seem to agree somewhat.
Peace.
NutmegYankee
(16,199 posts)Standing armies were associated with autocratic governments like monarchies and were considered a threat to liberty. Instead, much like Switzerland, we would defend our nation with our citizenry, similar to the "minutemen" concept. One of the reasons to mention well regulated though was our first crack at it sucked - The common farmers that showed up as militia just performed badly in combat. This was a clear concern and it was hoped our society would train much like Switzerland did to defend itself while hoping for peace.
Compare that mindset to today, where we have a large standing army and intervene all around the world.
I do recognize we have serious problems today. I wish we could have a decent discussion and come to a solid agreement on paths forward, but gun ownership has become a culture war between urban and rural and shows no signs of compromise.
villager
(26,001 posts)...fact, much as many would like to.
friendly_iconoclast
(15,333 posts)Posted via a quill pen and hand-cranked printing press, no doubt...
Darb
(2,807 posts)Clue in.
friendly_iconoclast
(15,333 posts)Oh, yeah- I forgot about the 'special pleading' you lot love to use...
friendly_iconoclast
(15,333 posts)The disinterested reader will note that there were NO dissents- look up
the definition of 'per curiam'
http://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf
JAIME CAETANO v. MASSACHUSETTS
ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME
JUDICIAL COURT OF MASSACHUSETTS
No. 1410078. Decided March 21, 2016
PER CURIAM
.
The Court has held that the Second Amendment extends,
prima facie, to all instruments that constitute
bearable arms, even those that were not in existence at
the time of the founding,
District of Columbia v. Heller, 554 U. S. 570, 582 (2008),
and that this Second Amendment right is fully applicable to the States,
McDonald v. Chicago, 561 U. S. 742, 750 (2010).
In this case, the Supreme Judicial Court of Massachusetts upheld a
Massachusetts law prohibiting the possession of stun guns after
examining whether a stun gun is the type of weapon
contemplated by Congress in 1789 as being protected by
the Second Amendment.
470 Mass. 774, 777, 26 N. E. 3d 688, 691 (2015).
The court offered three explanations to support its
holding that the Second Amendment does not extend to
stun guns. First, the court explained that stun guns are
not protected because they were not in common use at the
time of the Second Amendments enactment.
Id., at 781, 26 N. E. 3d, at 693.
This is inconsistent with Hellers clear statement
that the Second Amendment extends . . . to . . . arms . . . that were not in existence at the time of the founding.
554 U. S., at 582.
The court next asked whether stun guns are dangerous
per se at common law and unusual,
470 Mass., at 781, 26 N. E. 3d, at 694,
in an attempt to apply one important
limitation on the right to keep and carry arms,
Heller 554 U. S., at 627; see ibid. (referring to the historical
tradition of prohibiting the carrying of dangerous and
unusual weapons).
In so doing, the court concluded that stun guns are unusual
because they are a thoroughly modern invention.
470 Mass., at 781, 26 N. E. 3d, at 693694.
By equating unusual with in common use at
the time of the Second Amendments enactment, the
courts second explanation is the same as the first; it is
inconsistent with Heller for the same reason.
Finally, the court used a contemporary lens and found
nothing in the record to suggest that [stun guns] are
readily adaptable to use in the military.
470 Mass., at 781, 26 N. E. 3d, at 694.
But Heller rejected the proposition that only those weapons useful in
warfare are protected.
554 U. S., at 624625.
For these three reasons, the explanation the Massachusetts court offered
for upholding the law contradicts this
Courts precedent. Consequently, the petition for a writ of
certiorari and the motion for leave to proceed in forma pauperis
are granted. The judgment of the Supreme
Judicial Court of Massachusetts is vacated,
and the case is remanded for further proceedings not inconsistent with
this opinion. It is so ordered.
Darb
(2,807 posts)You think the printing press is the same as guns. I crushed that out of the park. Then you cut and pasted a bunch of irrelevant shit because the next justice, and the current four that are not fascist assholes, are going to put as stop to all your bullshit.
friendly_iconoclast
(15,333 posts)Hence the "per curiam" note in the ruling. As for a new SC justice, an 8-1 loss is no less
a loss than an 8-0 loss. YMMV
I don't actually mind your empty boasting and name-calling, as I find that political efficacy more
than makes up for it...
Darb
(2,807 posts)so go ahead and hold tight. Obviously nothing is going to change the mind of a two year old, even mass murder and killings on a mind-numbing scale. Hold on. I know you are going to need your blankey some day, to protect you from the zombie horde.
You are the problem. You facilitate the problem. Poverty, hopelessness, mental illness, all that, you help it turn into death.
Own it.
Now proceed in cut and pasting more pablum to protect your blankey.
friendly_iconoclast
(15,333 posts)False consensus effect really messes with peoples heads...
TeddyR
(2,493 posts)Should be repealed for policy reasons that is the province of the legislature, not the courts.
villager
(26,001 posts)...was in fact the intent.
TeddyR
(2,493 posts)And whether a constitutional amendment still has a place in modern day society. As much as I support the court rulings on certain issues they should not make policy decisions. A ruling that the 2d Amendment only protects the ownership of firearms in connection with militia service is within the purview of the courts. A ruling that the 2d is outdated because of advances in firearm technology is - or should be - something courts are not qualified to make. I doubt any judge would presume to make such a ruling.
villager
(26,001 posts)Time now to "presume" in a more rational direction.
That doesn't really address my point at all. Do you believe that courts should make broad policy decisions like invalidating a portion of the Constitution because it is "outdated"?
villager
(26,001 posts)...drag any "legislative remedy" there?
TeddyR
(2,493 posts)My "compadres." If they want to sue over this issue that's up to them, but they'd almost certainly lose, and rightly so.
villager
(26,001 posts)...and ultimately, any legislation will ultimately be decided there.
beevul
(12,194 posts)Yeah, lets just forget the privately owned warships and cannons, during the day the bill of rights was authored in.
former9thward
(31,987 posts)In an 8-0 2nd amendment decision the SC struck down a Massachusetts law which banned stun guns. MA said the 2nd amendment did not protect stun guns whose technology was not around when the 2nd amendment was written.
Today, in Caetano v. Massachusetts, the Supreme Court vacated a decision by the Supreme Judicial Court of Massachusetts that had concluded that the Second Amendment right to keep and bear arms does not apply to stun guns. The Courts per curiam opinion scolded the Massachusetts court for its failure to apply the proper legal tests under D.C. v. Heller and McDonald v. Chicago, and quite rightly so. The court did not reach the ultimate question of whether stun guns constitute arms for Second Amendment purposes, however, instead vacating and remanding the state court opinion.
The Courts per curiam opinion is brief and biting. Here it is:
The Court has held that the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding, District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this Second Amendment right is fully applicable to the States, McDonald v. Chicago, 561 U. S. 742, 750 (2010). In this case, the Supreme Judicial Court of Massachusetts upheld a Massachusetts law prohibiting the possession of stun guns after examining whether a stun gun is the type of weapon contemplated by Congress in 1789 as being protected by the Second Amendment. 470 Mass. 774, 777, 26 N. E. 3d 688, 691 (2015).
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/03/21/supreme-court-zaps-massachusetts-stun-gun-opinion/
villager
(26,001 posts)friendly_iconoclast
(15,333 posts)Watching the anti-gun types trying to explain it away
in the linked threads would be most
amusing if it weren't for the fact that the Pubbies took over:
http://www.democraticunderground.com/1014591904
http://www.democraticunderground.com/1172176644
William Seger
(10,778 posts)That's why there's a democratic, Constitutional process for changing it. No, the 2nd amendment was never intended to allow people to defend themselves from their own government; that's what the democratic process is for.
NutmegYankee
(16,199 posts)The people, trained to arms, are the defense force of that government. (or were in 1791) As far as amending the Constitution, obviously we can do that if we choose. But as of right now, it is an enumerated right and pretending it doesn't exist won't change that. That doesn't mean that it can't be chipped away and destroyed - The Republicans have shown that path well with the Right to Choose and Right to Privacy.
hack89
(39,171 posts)Great. Now lets restrict the zoo a bit. Start with high capacity mags.
hack89
(39,171 posts)maxsolomon
(33,323 posts)I've seen this before. answer a question with a question.
hack89
(39,171 posts)how else will you write it into law?
villager
(26,001 posts)nt
friendly_iconoclast
(15,333 posts)Darb
(2,807 posts)Can you get it done in 6?
villager
(26,001 posts)But hey, at least Hack did actually commit to some hard numbers -- as inflated as they are -- for a change!
friendly_iconoclast
(15,333 posts)http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=118x361725#367600
Post #55:
This occurs when a gun control supporter suggests that it is necessary to have a "good reason" to own a gun or accessory, if you don't have a "good reason" to own such objects than they conclude they should be banned. The "good reason" will be defined by the gun control supporter, so any reason you present will be dismissed as incorrect. The best response to this is to simply explain that you don't need to express a reason in order to practice a civil liberty.
Post #56:
Darb
(2,807 posts)Six shots at a time. This debate is like trying to take a blankey from a spoiled-ass brat.
friendly_iconoclast
(15,333 posts)It's always "the NRA" with you lot, isn't it? Just like the Church Lady, only with a different boogeyman:
Darb
(2,807 posts)Better get out there and practice. Gonna have to hit in six. Try eye glasses. Or quit drinking, maybe you got the shakes. Hell, I have no idea why you can't shoot straight.
friendly_iconoclast
(15,333 posts)The Model M is also regarded as a timeless and durable piece of hardware.[1][2][3][4] Although the computers and computer peripherals produced concurrently with the Model M are considered obsolete, many Model M keyboards are still in use due to their physical durability and the continued validity of their ANSI 101-key layouts. Since their original popularity, new generations of writers and computer technicians have rediscovered their unique functionality and aesthetics.[5] The Kentucky-based company Unicomp continues to manufacture and sell Model M-style keyboards.[5]
An important question for you lot, since the bulk of modern 'gun control activism'
consists of the endless production of verbiage...
Darb
(2,807 posts)Coward.
friendly_iconoclast
(15,333 posts)If you cannot get it done in 6, reload.
When we hunted as kids we had to plug our shotguns so we had one in the chamber and two in the mag. It was never a big issue. It was the law and we obeyed it. Not like today's wankers and their candy ass AKs and ARs. In most hunting situations that was enough, relaoding is not a big deal.
hack89
(39,171 posts)But keep a 5 round limit for rifles for hunting.
Darb
(2,807 posts)It makes mass murder far easier and there is really no need for that many rounds without reloading.
Tell me, why do you need 15?
hack89
(39,171 posts)i like them and they make shooting convenient. Pain in the ass having to reload all the time.
Darb
(2,807 posts)Keep what you got. Ban new sales over 6 and ban the sale of pre-owned mags greater than 6, stiff penalty if you get caught. Of course you guys will continue to sell them to each other, but if you get caught it will cost you. You can keep your toys. You guys are always asking for specifics yet when I give some, it's all about you and your "convenience"? Just reload every now and then.
hack89
(39,171 posts)but you don't need me to pass the laws you want, do you? So why don't you get busy and leave me alone. Thanks.
friendly_iconoclast
(15,333 posts)All they do is complain online and act like the NRA is the equivalent of...
...or Emmanuel Goldstein in 1984.
It's a classic case of 'false consensus effect':
https://www.google.com/search?q=false+consensus+effect&ie=utf-8&oe=utf-8
Darb
(2,807 posts)Give mun violence and mass killings facilitation a rest for a while. And get out there and practice, having banana clips makes you a worse shot, not better. Practice.
hack89
(39,171 posts)no - "banana clips " have definitely not made me or my family worse shots.
friendly_iconoclast
(15,333 posts)I see that the tradition is being kept up...
friendly_iconoclast
(15,333 posts)...aside from putting wear on a computer keyboard
Darb
(2,807 posts)Just quit facilitating gun violence by attacking sensible gun restrictions. Give up your blankey. Don't tell me, Brussels made you run out and arm up some more.
friendly_iconoclast
(15,333 posts)Really, you're making this too easy. Have you thought about getting another schtick?
http://www.democraticunderground.com/1172153600#post100
"There is a logical fallacy there" There's two, from what I can see
They begin with the post title
An appeal to common sense. Who gets to define 'reasonable'? Michael Bloomberg?
Wayne LaPierre? The White Panthers?
A strawman argument combined with an 'argumentum ad populum', topped with
a reiteration of the appeal to common sense from the post title
Yet again, the appeal to common sense
friendly_iconoclast
(15,333 posts)The following thread predates your time here at DU, and most of your tactics can be found
therein:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=118x361725#367600
How to recognize the tactics used by anti gun activists in their plan to ban guns.
Post #50:
Implied need for justification of need of ownership.
"why do you need X"
Post #55:
This occurs when a gun control supporter suggests that it is necessary to have a "good reason" to own a gun or accessory, if you don't have a "good reason" to own such objects than they conclude they should be banned. The "good reason" will be defined by the gun control supporter, so any reason you present will be dismissed as incorrect. The best response to this is to simply explain that you don't need to express a reason in order to practice a civil liberty.
Darb
(2,807 posts)You must be a real bad shot. Go practice a bit with your very special toy. Then maybe you can get good enough to hit what you are aiming at.
friendly_iconoclast
(15,333 posts)You lot are all Internet sound and fury and no real-life action:
http://www.democraticunderground.com/1172189304
Lexington (Massachusetts) man backs off proposed town ban on assault weapons
was opposed 30-2 by speakers at the earlier meeting:
https://www.bostonglobe.com/metro/2016/03/09/gun-rights-advocates-decry-proposal-ban-semi-automatic-weapons-lexington/IluT5ejbIhwzk2ieWGxK9J/story.html
Once again, the purported 'silent majority' that supposedly wants more gun control turns
out to not actually exist...
Your sort can't even get a gun control measure passed in a liberal town in Massachusetts-
that is why the whiny petulance of modern gun control advocates no
longer carries a sting.
Darb
(2,807 posts)Coward.
friendly_iconoclast
(15,333 posts)Don't worry, you'll get over it. And so will we...
pablo_marmol
(2,375 posts)carries a sting."
There was a time when their whiny petulance actually carried any sting?
friendly_iconoclast
(15,333 posts)They are going the way of the other great modern prohibitionist movement
(cannabis), and as their power dwindles they just get crankier and crankier.
I must confess that I do enjoy watching them act out. Oh well, one must
find ones' amusements where one can...
pablo_marmol
(2,375 posts)friendly_iconoclast
(15,333 posts)From a still-useful thread. The whole thing is worth a read, as it discusses some very familiar
ploys
How to recognize the tactics used by anti gun activists in their plan to ban guns
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=118x361725#367600
Response to Original message
60. How about..
Not sure if this one counts as a separate one, but the..
MGAFYGAE -- "MY guns are fine, YOUR guns are evil."
Black powder guns, revolvers, traditionally stocked shotguns, deer rifles, even 1911's- "But I {or Dad, or Granddad, or Uncle Duke} had / have one of those, so they're perfectly fine. The rest of your guns? Ban 'em."
friendly_iconoclast
Response to Reply #60
61. That's a good one. A variant is the "Uncle Ruckus"
Claiming to be a gun owner and/or very familiar with guns, and yet continually putting down other gun owners
jeepnstein
66. They're called "Fudds".
While I personally have nothing against Elmer Fudd and his War on Rabbits, his human counterparts are obnoxious at times.
They'll wax poetic about how this or that firearm is beyond reproach or ban because it has some sporting use. They constantly want to make the 2nd Amendment about hunting. Most of them will own a pistol or two but it's usually some kind of marginally useful thing that they've buggered to death after reading too many gun magazines.
When I was a brand-new Deputy Sheriff I had to buy a new duty weapon. My choice was, and still is, a Colt Officer's .45 ACP. Before I picked it up from my dealer I had them do a thorough inspection and adjustment. Their gun smith was a Colt armorer and he made the trigger absolute Series 80 perfection. So I stroll in to pick it up and there's a couple of Fudds standing around drinking cofee, wearing flannel shirts and hunting coats. One of them started on me about how I needed this or that special modification or doodad before the thing would really ever amount to anything. The owner of the shop jumped in and stated clearly that what I was buying wasn't a toy like they were accustomed to seeing, that it was a serious tool for serious business and his gun smith had it ready for me to be willing to bet my life on it. They didn't have a clue what he was talking about.
We get Fudds on this board every once in a while spouting off all sorts of downright dangerous information and cite their experience as a hunter as their authority. Every once in a while a politician will get a hold of a Fudd and have him go around talking like some sort of expert.
The entire thread can be found at:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=118x361725#361725
The disinterested reader will quickly notice that there is little new under the
gun control sun...
Darb
(2,807 posts)Practice.
And you haven't figured out jack shit, except how to facilitate mass murder via your "right" to have toys and be a bad shot.
friendly_iconoclast
(15,333 posts)...never did bother me all that much.
Darb
(2,807 posts)You on the other hand................
friendly_iconoclast
(15,333 posts)There's an amnesty on timeouts, so the worst you can get is a hide
Darb
(2,807 posts)for the death that your "hobby", or your cowardice, or whatever it is that makes you defend a right that doesn't exist. You are the problem. Own it. You make it easier for a kook to get a weapon that can kill dozens in seconds. You make it easier for the hopeless and helpless to act out in anger and revenge.
You do. Not me. You do. All because you want a blankey. Man up, coward. Live in this world without a blanket.
friendly_iconoclast
(15,333 posts)It smells like...gun control advocacy.
pablo_marmol
(2,375 posts)Last edited Fri Mar 25, 2016, 02:32 AM - Edit history (1)
Comedy gold! A person who needs to resort to infantile insults tells another to "man up".
friendly_iconoclast
(15,333 posts)Judging by the contents of my interlocutor's posts, it may actually be
heckling by a middle schooler.
Oh well, something shiny will undoubtedly come along sooner or later, and then...
friendly_iconoclast
(15,333 posts)Aristus
(66,327 posts)"Going postal" is so 1980-90's. Nowadays, you can get shot anywhere, at any time, for any reason or no reason. Shit, with so many other targets of opportunity out there for the gun-crazies, i.e. schools, churches, schools, movie theaters, schools, gas stations, schools, etc, a post office is probably one of the safest places one can be, other than one's own home basement-bunker...
hack89
(39,171 posts)I just know that they won't stop a mass killer determined to kill people.
The Second Stone
(2,900 posts)but the public kind of isn't. This is crappy analysis.
Dont call me Shirley
(10,998 posts)yallerdawg
(16,104 posts)First, post offices. Then, post office parking lots.
Next, public roads leading to post offices. Then, mailboxes on private property.
Then, homes attached to mail boxes.
"They're coming after our guns!"
Deuce
(959 posts)bemildred
(90,061 posts)Paladin
(28,254 posts)As evil as Fat Tony was, he made mention of reasonable controls on the 2nd in the infamous Heller decision.
bemildred
(90,061 posts)Paladin
(28,254 posts)TheDormouse
(1,168 posts)If you're a hardcore ideologue, why take up the case of an appeal that could turn out against your position?
Brother_Love
(82 posts)So anyone who parks across the street in a public parking space and walks across the street to the PO can be suspect of having a gun in the car? Wow
struggle4progress
(118,281 posts)fasttense
(17,301 posts)started shooting and killing their former employees and co-workers. Where do you think the statement going postal came from? Postal workers were the first mass shooters. The parking lot was added when after shooting everyone in sight, one former postal worker went back to the parking lot, got his other weapon, and continued shooting.
Glad to see some judges remember why those restriction were required in the first place. Since those restrictions were passed, mass shooting at post offices severely decreased.