Supreme Court May Take Action On State Assault Weapon Bans
Posted by Michelle Moquin on June 20th, 2016
Good morning.
For all of you who are tired of the “moments of silence” (me too, and I mean that with all due respect) that we give to the deceased of these horrific killing rampages, wanting something more to happen than just a moment of silence and pop-up shrines for the dead…how many more moments do we need to have before another AR atrocity occurs ? And now this.
From the Huff Po:
Supreme Court May Take Action On State Assault Weapon Bans
The court has not decided a major gun case since 2010.
WASHINGTON, June 19 (Reuters) – The U.S. Supreme Court may weigh in this week on gun control, an issue smoldering again following the June 12 Orlando massacre, with the justices due to decide whether to hear a challenge by gun rights advocates to assault weapon bans in two states.
The Connecticut and New York laws prohibit semiautomatic weapons like the one used by the gunman who fatally shot 49 people at a gay night club in Orlando in the deadliest mass shooting in modern U.S. history.
The Supreme Court will announce as soon as Monday whether it will hear the challenge brought by gun rights groups and individual firearms owners asserting that the laws violate the U.S. Constitution’s Second Amendment guarantee of the right to bear arms.
The court has not decided a major gun case since 2010.
If they take up the matter, the justices would hear arguments in their next term, which begins in October. A decision not to hear the challenge would leave in place lower-court rulings upholding the laws.
The court’s action in another recent appeal indicated it may be disinclined to take up the matter. The justices in December opted not to hear a challenge to a Highland Park, Illinois ordinance banning assault weapons and large-capacity magazines.
A national assault weapons ban expired in 2004. Congressional Republicans, backed by the influential National Rifle Association gun rights lobby, beat back efforts to restore it. Some states and municipalities have enacted their own bans.
In their petition asking the Supreme Court to hear the case, those challenging the Connecticut law said the type of weapons banned by the state are used in self-defense, hunting and recreational shooting.
Connecticut said its law targets firearms disproportionately used in gun crime, “particularly the most heinous forms of gun violence.” It said people in Connecticut still can legally own more than 1,000 types of handguns, rifles and shotguns.
There is a longstanding legal debate over the scope of Second Amendment rights.
In the 2008 District of Columbia v. Heller case, the Supreme Court held for the first time that the Second Amendment guaranteed an individual’s right to bear arms, but the ruling applied only to firearms kept in the home for self-defense. That ruling did not involve a state law, applying only to federal regulations.
Two years later, in the case McDonald v. City of Chicago, the court held that the Heller ruling covered individual gun rights in states.
!!!!!
Readers: You’ve got your finger on the pulse as much as I do. If you hear any updates on this, please blog me.
Happy Monday.
✌🏽&💜
Lastly, greed over a great story is surfacing from my “loyal”(?) readers. With all this back and forth about who owns what, that appears on my blog, let me reiterate that all material posted on my blog becomes the sole property of my blog. If you want to reserve any proprietary rights don’t post it to my blog. I will prominently display this caveat on my blog from now on to remind those who may have forgotten this notice.
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michelle
Aka BABE: We all know what this means by now :)
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June 20th, 2016 at 10:49 am
Let’s hope those bastards leave it alone until Trump gets in.
June 20th, 2016 at 1:38 pm
The Supreme Court Just Ruled In Favor Of The Police State, And Sonia Sotomayor Is Not Having It
http://www.huffingtonpost.com/entry/sonia-sotomayor-police_us_57680301e4b0fbbc8beaf4ae
June 20th, 2016 at 10:54 pm
Sorry Michelle, the republican controlled Senate just ruled that the largest murder by an Assault weapon isn’t enough to pass any law limiting the access to them by terrorist.
Very white of them, wouldn’t you say.
June 20th, 2016 at 10:58 pm
Most of the shit the republicans get away with is the fault of the mealy mouth dems. Why doesn’t someone say the the republicans are more beholden to the NRA who fills their pockets than they are with the pain of their constituents whose plight should fill their hearts.
June 20th, 2016 at 11:02 pm
Way to go Sotomayor#2. The white boy will destroy the 4th Amendment to give the police the power to terrorize the OTW.
June 20th, 2016 at 11:36 pm
Another little something about the donald duck.
All that glitters is not gold, especially when it comes to Donald Trump.
Charlie Sheen says the presumptive GOP nominee once gave him an impromptu wedding gift of what he said were platinum and diamond cufflinks.
But there was one problem. They weren’t actually the real deal. And when the Hollywood actor had them valued, he claims they turned out to be fake.
Sheen recounted the incident on “The Graham Norton Show,” which aired in the United Kingdom on Friday night.
June 21st, 2016 at 6:08 am
Hafi adai.
I miss Howie, He could have enlightened us on why so many submarines are now stationed on Guam. We now have 4, and two submarine repair ships.
June 21st, 2016 at 6:10 am
Fear is what my constituents felt as a man fired his gun at my congressional event in a Safeway parking lot, shooting me point-blank in the head and killing six others, including a 9-year-old-girl.
Fear is what the children at Sandy Hook Elementary felt as a gunman went shooting from room to room, killing 26 first graders and educators.
Fear is what the clubgoers at Pulse nightclub in Orlando felt as a murderer committed the worst mass shooting in modern U.S. history, killing 49 people just last week.
Last night, the U.S. Senate voted down two pieces of commonsense gun violence prevention legislation. The senators who voted no will say a lot of things about the votes they cast, and perhaps they might even say they were afraid. But make no mistake, their fear was nothing compared to what far too many victims of gun violence have faced. Theirs was a decision based on political calculations.
I know that if we elect Hillary Clinton our next president, she will not fear the gun lobby. She will do everything in her power to make our communities safer from gun violence. No. Matter. What.
Speaking is still physically difficult for me, but my feelings are clear: I am furious.
June 21st, 2016 at 6:13 am
SCOTUS declined to take up gun issue. Perhaps we are better off that they did considering how 4 white boys and their house nigger voted on police power to stop and harass OTWs.
June 21st, 2016 at 6:14 am
I’ve fought too hard and too long to surrender to the Party of Trump.
We Democrats need to show some backbone against the bigotry and extremism that’s infected both chambers of Congress and threatens to take over the White House. Everything we hold dear is on the chopping block — and it’ll take a fully united grassroots to turn the tide.
We can’t give a single inch on the values we champion as Democrats, whether that’s affordable healthcare, equal pay, Social Security, or an economy that works for all.
The alternative is crystal clear: The Party of Trump’s draconian agenda to sacrifice the middle class, help the rich get richer, and keep up unprecedented gridlock.
William, it’s not enough to just be against what they’re for. The grassroots must stand up, unite, and protect our progress. And we have to do it now.
June 21st, 2016 at 8:59 pm
If the white boy doesn’t think we on Guam should be allowed to vote for the President or become a state, the perhaps we should seek to become a independent Nation.
After all we existed as an independent Nation before America became one.
A pro-independence leader on Guam says he’s happy the island may finally be deciding the future of its political status, but that alone will not be enough.
Michael Lujan Bevacqua is the co-chair of the Guam Taskforce for Independence, which sits on a decolonisation committee established by the governor Eddie Calvo.
That committee is expected to submit a report within the next few weeks about whether to proceed with a plebiscite in November’s election.
June 21st, 2016 at 9:17 pm
Trump is not actually running for POTUS. He is using the act of running for POTUS to pay himself all that money a candidate gets to run.
He actually is following what Newt Gingrich did in 2012 creating a racket to run for office as a job. What he is afraid of is the idiots that want so desperately to win the White House will actually get him the job.
June 21st, 2016 at 9:27 pm
I like this:
{Sounds like you are assuming there was something illegal going on in the house and that everyone visiting the housewas part of the illegal activity. Being under surveillance means they most likely did not have enough information to arrest anyone, or were looking for someone in particular to visit the house. If they were looking form someone in particular, they would not have needed to ask for an ID. They would have known who it was and could have put that in their report. They had no reason to stop and question this man other than he went into a house they were watching. . Where would it stop? Someone walking by the house? They may have been suspicious and not gone in. How about someone driving by and slowing down in front of the house, then speeding up and leaving? Pull them over and check for warrants? Sooner or later, there has to be a stop in simply stopping someone because they might look suspicious or be at the wrong place at the wrong time. Part of the decision seems to revert to legal mumbo jumbo ignoring the basis of the original stop. that since they did find a warrant, the drugs could be used as evidence in court.
” We hold that the evidence the officer seized as part of the search incident to arrest is admissible because the officer’s discovery of the arrest warrant attenuated the connection
between the unlawful stop and the evidence seized incident to arrest.”
Then they state
” And, because we ultimately conclude that the warrant breaks the causal chain,
we also have no need to decide whether the warrant’s existence alone would make the initial stop constitutional even if Officer Fackrell was unaware of its existence. ”
In other words, they are not even deciding on whether the stop was constitutional.
So they are not even addressing whether the initial stop was lawful. They go on to state the officer did make mistakes in what he did, even stating “While Officer Fackrell’s decision to initiate the stop was mistaken, his conduct thereafter was lawful”, sort of turning the tainted fruit theory on it’s head. Not to mention the unreasonable search and seizure rights. I’m not an attorney, but looking at some of the Court’s decicisions over the last decade, they can pretty much twist the law to say whatever they want it to say. Not what it means.
You need to read Sotomayor’s dissent to see their conclusions ripped to shreds. The link to the decision is in the article.}
June 21st, 2016 at 9:33 pm
The police don’t just randomly target people (even blacks, as we are all getting tired of hearing). There is plenty of work for them to do. So, don’t be a “random visitor” at a drug house, for pete’s sake.
June 21st, 2016 at 9:39 pm
If we’re going to let cops assume we’re guilty and then stop us so they can search us for criminal evidence, there’s no point in requiring warrants under the 4th Amendment.
June 21st, 2016 at 9:43 pm
All I see is Sotomayor waving her race card.
June 21st, 2016 at 9:48 pm
Those of you who don’t like this white boy will find out what it means to be on the wrong end of a club wielded by an angry white boy when Donald Trump gets in.
June 21st, 2016 at 9:50 pm
I can’t believe serious people will actually vote for trump.
June 22nd, 2016 at 9:02 am
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June 23rd, 2016 at 9:02 am
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June 23rd, 2016 at 3:43 pm
Yesterday, after Speaker Paul Ryan and Republicans in Washington refused to address the epidemic of gun violence that’s happening in communities all across the country, House Democrats staged a sit-in on the House floor to demand that Congress take action to provide universal background checks and close the loopholes that make it far too easy for terrorists and other dangerous individuals to buy guns.
They stayed on the floor through the late hours of the night because they understand that this is a pivotal time in our country’s history. Ninety percent of Americans agree that something needs to be done, so this is no longer about politics. It’s about consensus. And it’s time for the GOP to get with the program.
June 23rd, 2016 at 3:45 pm
Around 10,000 dogs will be killed and eaten during the infamous Yulin Dog Meat Festival, which begins on June 21st.
Over the course of the year, the Chinese cat and dog meat trade will be responsible for the death of up to 20 million cats and dogs.
Activists have uncovered horrific abuse in the industry, including dogs being urinated on, beaten, stabbed, and boiled alive.
Many dogs are stolen from families, stacked on top of each other in crates, and transported for days without food or water. The most recent investigation of the Yulin slaughterhouses adds to the mountain of evidence showing that using animals for food is inherently violent and unethical.
The US government is currently in strategic dialogue with China on a variety of global affairs. Additionally, China is feeling the pressure to stop the cat and dog meat trade and sales are falling.
The time is now for President Obama to raise the issue of the cat and dog meat trade with Chinese officials and publicly condemn the industry. Like so many of us, President Obama is a dog lover.
This is his opportunity to leave a legacy for the cats and dogs and cat and dog lovers of the world and show that animal abuse — no matter the species or country — is always wrong.