Gun Control & RKBA
In reply to the discussion: 35 years of gun sales, showing gun control's unintended consequences [View all]jimmy the one
(2,720 posts)guru: Holy selective chop quoting Batman! How in Trump's butthole do you think SCOTUS is "bolstered" by a Southern District of Florida case? I get why the Solicitor General included the quote, but what an exaggeration by you!
I have no idea what you are driving at, except maybe that you like stupid movies.
The 1938 Dept of Justice provided the below amicus brief, citing adams, to the 1938/39 supreme court, which the court used as a basis in its ruling as presented in my previous posts. Thus the 1938/39 supreme court was bolstered by the amicus brief. Duh:
In the only other case in which the provisions of the National Firearms Act have been assailed as being in violation of the Second Amendment (United States v. Adams, 11 F. Supp. 216 (S. D. Fla.)), the contention was summarily rejected as follows (pp. 218-219):
The second amendment to the Constitution, providing, "the right of the people to keep and bear arms, shall not be infringed," has no application to this act. The Constitution does not grant the privilege to racketeers and desperadoes to carry weapons of the character dealt with in the act. It refers to the militia, a protective force of government; to the collective body and not individual rights.
guru: No, it's been 13 years since the SCOTUS reasserted Miller, reaffirmed the individual right and slapped the lower federal courts back into the constitutional fold.
By a 5-4 margin was heller, while the 1939 decision was unanimous 8-0. Scalia did not 'reaffirm' any individual right, he created one. Or rather concocted one. He misquoted, mis-cited, misinterpreted several pro militia 1800's sources, twisting them and himself into pretzels to do that.
guru: The "militia based right" you speak of was the very sad and desperate resurrection of a racist discriminatory theory of the rebel states that was inserted in the federal courts for the singular reason of dismissing and ignoring SCOTUS in Miller, to avoid striking down gun control by enforcing the 2nd Amendment.
That bluntly, is fos.