Tennessee, as Musketeer pointed to, and Bart more directly answered in the other thread, should incorporation begin with the 9th, and should the 9th uphold the P&I clause of the 14th (essentially gutting Slaughterhouse) as the reason for incorporation, then some interesting side affects may begin to occur.
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Will Heller stop a new Assault Weapons Ban?
- Thread starter Tennessee Gentleman
- Start date
Glenn E. Meyer
New member
Here's the kind of thing that might stampede folks:
http://www.policeone.com/police-pro...pecial-report-on-Fla-assault-weapon-seizures/
What is the need?" asked Orange-Osceola's Chief Medical Examiner Dr. Jan Garavaglia, who autopsies the victims. "If you can shoot through the wall of a house, it's not for self-protection. . . . Why anybody has these types of rifles is probably not to do good."
------- If the killing was confined to BG on BG, then outrage would be somewhat limited. If such weapons spread into lots of killings of perceived innocents - then both parties would go for bans.
http://www.policeone.com/police-pro...pecial-report-on-Fla-assault-weapon-seizures/
What is the need?" asked Orange-Osceola's Chief Medical Examiner Dr. Jan Garavaglia, who autopsies the victims. "If you can shoot through the wall of a house, it's not for self-protection. . . . Why anybody has these types of rifles is probably not to do good."
------- If the killing was confined to BG on BG, then outrage would be somewhat limited. If such weapons spread into lots of killings of perceived innocents - then both parties would go for bans.
Tennessee Gentleman
New member
and should the 9th uphold the P&I clause of the 14th (essentially gutting Slaughterhouse) as the reason for incorporation, then some interesting side affects may begin to occur.
Oh no doubt about that Al, and we definitely need incorporation of the 2A into the states but a federal ban would be within the scope of Heller's protection I would think?
nobody_special
New member
Tennessee Gentleman -- I'm the one who brought up incorporation in this thread, in response to a question about existing state assault weapon bans in CA and NY. You are correct -- clearly, incorporation is not relevant to a federal ban. I hope that Heller is sufficient to forestall another federal AWB, but it's not as strong an opinion as I'd like.
Just remember, no SCOTUS ruling can prevent legislation from being passed. The Congress could theoretically pass legislation making all citizens not appointed to elected office the physical property of the Federal Gov't and the President could even sign it into law.
It would then be up to the SCOTUS to knock it down. They can't keep it from being passed.
I believe FDR passed a slew of stuff through which violated the COTUS. Congress passed it, he signed it, they tossed it out, rinse and repeat.
It would then be up to the SCOTUS to knock it down. They can't keep it from being passed.
I believe FDR passed a slew of stuff through which violated the COTUS. Congress passed it, he signed it, they tossed it out, rinse and repeat.
Tennessee Gentleman
New member
Just remember, no SCOTUS ruling can prevent legislation from being passed.
True, but if the SCOTUS threw it out as they did part of the Brady Bill then it would be the same in effect. Also, I wonder if the fear of it being tossed might deter all but the most liberal from passing it?
rampage841512
New member
Thanks for this. I admit I wasn't aware of it. I would still like to see how the courts would handle a similar issue to at least get an idea of how the courts expand and or limit Heller in future rulings.
And I agree with Glenn about the mob mentality in Washington. A rash of shooting could very well put enough pressure on members of congress that they feel such a ban would be necessary no matter the failure of prior attempts with similiar legislation.
Hopefully Heller has set the legal groundwork for the courts to strike down such bans.