J. Stevens: "Heller was wrongly decided"

[docachna]

Justice John Paul Stevens just can't seem to let up for a second.

https://www.theatlantic.com/ideas/archi ... ket-newtab

[sodbuster95]

Same old, tired argument that only works if you subscribe to the nonsensical theory that the government needed to secure a right to the government against infringement by the government.

[M-Quigley]

Colonial history contains many examples of firearm regulations in urban areas that imposed obstacles to their use for protection of the home. Boston, Philadelphia, and New York—the three largest cities in America at that time—all imposed restrictions on the firing of guns in the city limits. Boston enacted a law in 1746 prohibiting the “discharge” of any gun or pistol that was later revived in 1778; Philadelphia prohibited firing a gun or setting off fireworks without a governor’s special license; and New York banned the firing of guns for three days surrounding New Year’s Day. Those and other cities also regulated the storage of gunpowder. Boston’s gunpowder law imposed a 10-pound fine on any person who took any loaded firearm into any dwelling house or barn within the town. Most, if not all, of those regulations would violate the Second Amendment as it was construed in the 5–4 decision that Justice Antonin Scalia announced in Heller on June 26, 2008.

You don't have to be a lawyer to see that most of his examples was a restriction on how a gun is used, not the right to own or carry a firearm.

As far as him thinking SCOTUS got it wrong, when has a justice who was in the minority on a decision ever thought SCOTUS got it right on anything?

[schmieg]

Colonial history contains many examples of firearm regulations in urban areas that imposed obstacles to their use for protection of the home. Boston, Philadelphia, and New York—the three largest cities in America at that time—all imposed restrictions on the firing of guns in the city limits. Boston enacted a law in 1746 prohibiting the “discharge” of any gun or pistol that was later revived in 1778; Philadelphia prohibited firing a gun or setting off fireworks without a governor’s special license; and New York banned the firing of guns for three days surrounding New Year’s Day. Those and other cities also regulated the storage of gunpowder. Boston’s gunpowder law imposed a 10-pound fine on any person who took any loaded firearm into any dwelling house or barn within the town. Most, if not all, of those regulations would violate the Second Amendment as it was construed in the 5–4 decision that Justice Antonin Scalia announced in Heller on June 26, 2008.

You don't have to be a lawyer to see that most of his examples was a restriction on how a gun is used, not the right to own or carry a firearm.

As far as him thinking SCOTUS got it wrong, when has a justice who was in the minority on a decision ever thought SCOTUS got it right on anything?

My memory isn't quite what it used to be and I can't remember the case or the Justice who wrote the majority opinion, but he started out with "Reasonable minds cannot differ ..." It was a 5-4 decision. He really stuck it in on that one.