Tennessee Guardsman Challenges Supreme Court on 2nd Amendment

[camp_steveo]

this is some bullshit

 

[kwikrnu]

...I remeber in 1986 when they was talking about banning machine guns and even the NRA sold us out.......and most people had the attitude "who needs a machine gun"..........but the slipply ground started..........then came the different assualt weapon bans/etc...

The SAF has sold us out on assault weapons. Have you read any of their court briefs lately? Their position is that assault weapons should not be carried. Their position on the carry of firearms is that carry may be regulated through licensing.

 

[greenghost1964]

No I cant say I have.........

 

[Brick-in-the-Wall]

I recall some talk about how they viewed the 2nd Amendment to pertain only to muzzle loaders. Well... those muskets were the assault rifle of their day!

People who bring out that BS argument, I just tell them the 1st amendment was for printing presses and computers weren't even invented at the time so they don't count. They shut up pretty quickly after that.

 

[AFPVet]

People who bring out that BS argument, I just tell them the 1st amendment was for printing presses and computers weren't even invented at the time so they don't count. They shut up pretty quickly after that.

Speech is speech... arms are arms. The Constitution applies to all speech! Why shouldn't it apply to all arms (as personal arms are defined)? It's a little hypocritical that you can say it applies to one thing, but not the other, when they are within the same context.

 

[Pericles]

Speech is speech... arms are arms. The Constitution applies to all speech! Why shouldn't it apply to all arms (as personal arms are defined)? It's a little hypocritical that you can say it applies to one thing, but not the other, when they are within the same context.

I don't see any limitation in the 2A to personal arms vis a vis crew served weapons, artillery, etc.

 

[azxd]

What is more interesting is that is depends on which circuit the case is tried:

One of the biggest problems this nation faces is a Judge who legislates from the bench.
You are 100% correct that it depends which circuit court deals with this, or any other case.

 

[azxd]

People who bring out that BS argument, I just tell them the 1st amendment was for printing presses and computers weren't even invented at the time so they don't count. They shut up pretty quickly after that.

Great response ... I'll have to remember that.

 

[Pericles]

Great response ... I'll have to remember that.

And it was only for manual presses - automatic presses did not exist either.

 

[slamhead]

If you have to ask permission to exercise the right then it is not a right. Imagine the outrage if we required people take a course in civics and the constitution before being granted the right to vote. Imagine if it was challenged that only children of US citizens are allowed the right to an education?

 

[irishdiamondbm]

Howdy.
what id tell this fellow is this
to go online and look up this law it's been law since 1902.
it's called the DICK ACT.
or as it's better known as THE EFFICIENCY OF MILITIA BILL H.R. 11654 JUNE 28TH 1902.
this law can NEVER BE REPEALED it's to long to go into here but i believe this law will help him with his appeal.
Semper Fi.
jim.

 

[bread and circuses]

Hamblen's problem is wishful thinking-- It's currently a serious offense for active-duty combat troops, serving downrange, to keep their own AR uppers. Machine guns and he wasn't even in the National Guard? What was he thinking?

I'm fully aware that the UCMJ and Federal law are two different animals, but it still isn't hard to guess that you'll never get away with something like this-- or any weapons offense.

 

[pcosmar]

Hamblen's problem is wishful thinking-- It's currently a serious offense for active-duty combat troops, serving downrange, to keep their own AR uppers. Machine guns and he wasn't even in the National Guard? What was he thinking?

I'm fully aware that the UCMJ and Federal law are two different animals, but it still isn't hard to guess that you'll never get away with something like this-- or any weapons offense.

What does that have to do with anything?

The National Guard is NOT the Militia.
The point he was/is trying to make is that the Gun Laws are completely unconstitutional. Period. (all of them)

 

[Pericles]

What does that have to do with anything?

The National Guard is NOT the Militia.
The point he was/is trying to make is that the Gun Laws are completely unconstitutional. Period. (all of them)

Exactly, and one of the points of the Miller case, is that weapons useful for militia service would be exempt from the National Firearms Act, if after the case was tried at the lower court and the Act found constitutional. Many people (especially gun banners) forget that the SCOTUS said the NFA was not prima facie unconstitutional, it could be legal to tax arms not suitable for militia service and still not violate the 2A.

Mr. Hamblen paid a high price for trying to promote freedom, and I don't want to criticize someone who has done what he has done for liberty, but a more effective lawyer working the Miller angle on a M16 / M4 type of weapon may have had a better chance at blowing a hole in the NFA.

 

[bread and circuses]

What does that have to do with anything?

The National Guard is NOT the Militia.
The point he was/is trying to make is that the Gun Laws are completely unconstitutional. Period. (all of them)

Indeed they are; that having been said, Washington ignores the Constitution altogether unless it suits them to invoke it-- and even then, their argument is usually so much drivel.

It's not inconsistent to agree with his interpretation of the 2A and still realize that the same won't hold up in court.

 

[alucard13mmfmj]

pretty hard to fight tyranny with just slingshots and peashooters...

 

[greenghost1964]

Well w/o getting lawyers like Gerry Spence, or more importantly Steve Hallbrook just about any NFA type weapon case you will lose. Let's just try to remember after this next (coming) fight.........let's SPELL out NO GUN LAWS PERIOD..........

 

[Pericles]

Well w/o getting lawyers like Gerry Spence, or more importantly Steve Hallbrook just about any NFA type weapon case you will lose. Let's just try to remember after this next (coming) fight.........let's SPELL out NO GUN LAWS PERIOD..........

The issue is that the 2A already says that.