The Supreme Court (after Scalia) delivers a stunning decison on the 2nd Amendment

Discussion in 'The Constitutional & RKBA Forum' started by dbcooper, May 26, 2016.

  1. dbcooper

    dbcooper Well-Known Member

    Ok , a little pun thrown in..

    This case came out a few weeks ago and hasn't really made alot of news
    The US Supreme Court, without Justice Scalia delivered a unanimus pro 2nd Amendment, pro self defense decision
    The case came out of Mass. where a woman was found with a stun gun in her purse and Mass has a ban on stun guns
    Her claim was she kept it for self defense from a violent x boyfriend

    She was charged and the case was picked up and the high court in Mass

    the US Supreme Court in a rare unanimus decision , sent the case back with the following opinion that the State could not ban stun guns no more than they could ban any other arm under the operative clause of the 2nd Amendment

    By Eugene Volokh March 22
    In Commonwealth v. Caetano, the Massachusetts high court upheld Massachusetts’ total ban on stun gun possession. Yesterday’s Caetano v. Massachusettsdecision from the Supreme Court reversed that Massachusetts decision and sent the case back to the Massachusetts court for further review (presumably to consider, for instance, whether the ban may still be justified by some sufficiently important government interest):

    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,” and that this “Second Amendment right is fully applicable to the States.” 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.”

    This is really encouraging news and just wanted to pass it on for any who would be interested
  2. howlnmad

    howlnmad Well-Known Member Supporting Member

    Nov 26, 2008
    Harriman, Tn
    Does that make a precident (sp)?
    flboots, carver, Broot and 1 other person like this.

  3. dbcooper

    dbcooper Well-Known Member

    the SCOTUS did not as far as saying the Mass ban on stun guns was unconstitutional , but rather set aside their ruling that upheld her conviction
    it was a smack down of sorts
    there were no oral arguments in this case either
    Aledo and Thomas were pretty much telling Mass courts that she had the right to use non deadly force as a means of self defense
    flboots, joe45c, howlnmad and 4 others like this.
  4. TigerLeo

    TigerLeo Well-Known Member

    Jan 22, 2016
    SouthEast Missouri
    Now if only we can move that to all arms
    Kody24, joe45c, TyeDye1971 and 5 others like this.
  5. Broot

    Broot Well-Known Member Supporting Member

    Dec 19, 2015
    Perhaps there is a faint glimmer of light in the darkness. We can only hope, and pray.

    Thanks for sharing
    joe45c, TyeDye1971, howlnmad and 3 others like this.
  6. sharps4590

    sharps4590 Well-Known Member

    Aug 10, 2013
    Missouri Ozarks
    I heard a brief blurb about that on some new channel, probably Fox, but had not heard the outcome. I suspect Massachusetts will find some way to charge the lady for exercising a right as old as mankind.

    Is it just me or does anyone else wonder what happened to Mass.? 240 years ago it was THE hot bed and birth place for liberty, freedom and individual rights and briefly stood alone against England. These days it is more like a socialist government. My how things change.
  7. firefighter1635

    firefighter1635 Well-Known Member

    Jan 4, 2012
    FEMA Region V
    I find it interesting what the Scotus says about different issues and the 2A in particular, but at the end of the day I really don't give two squirts what they say about anything because no man will legislate my morality or my God given right to defend my loved ones.

    So the Scotus can uphold or strike down whatever they want, I'll decide for myself what I'll obey and what I won't.
  8. Alaska444

    Alaska444 Well-Known Member

    Mar 17, 2013
    It won't be long before deciding for yourself will be unconstitutional.
  9. rebs

    rebs Member

    Mar 24, 2016
    western New York
    so many politicians that took an oath to defend and protect the constitution and are now in favor of changing, altering or eliminating it. These people have been in office far too long. We need term limits for politicians.
  10. dbcooper

    dbcooper Well-Known Member

    I was thinking of a rope
  11. davidspriggs

    davidspriggs Member

    Dec 15, 2016
    i got caught carrying a concealed handgun in a Massachusetts bar by a undercover cop. he waited until he got 6 or 7 buddies to surround me before he attempted to disarm me. they kept me overnight in the jail next morning i went before the judge, in the end he fined me and told me to get out of town and not come back. they kept my weapon and ammo. it was a smith 357 magnum ss with walnut grips, i expect someone took it home.. i had previously seen that a mandatory sentence for carrying in mass. was 25 years
    but they didnt enforce it, i never went back to that state again..
  12. howlnmad

    howlnmad Well-Known Member Supporting Member

    Nov 26, 2008
    Harriman, Tn
    Smart move.
    firefighter1635, joe45c and dbcooper like this.
  13. joe45c

    joe45c Well-Known Member

    Feb 20, 2011
    I wouldn't have either, i can take a hint!
    firefighter1635 and dbcooper like this.
  14. Swiss_Gunner

    Swiss_Gunner Well-Known Member

    Mar 6, 2016
    I think it is interesting that here in Switzerland, where as opposed to the US the right to own guns is not protected by constitutional law, no one talks about gun bans. (Except some pacifists...)
    I wonder how California for example justifies banning certain guns since you have the 2nd amenement, but then again, I do not know a alot about US constitutional jurisdiction...
    Kweeksdraw, AaronW and Alaska444 like this.
  15. 2A-Jay

    2A-Jay Well-Known Member

    Aug 22, 2016
    Yelm, WA
    There is a reason why Commiefornia was known for so long as the Land of Fruits and Nuts. We are seeing more proof of it now.
    joe45c likes this.
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