usmarine0352_2005
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- Oct 21, 2005
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This was posted on another board.
The case of Masciandaro v. United States is currently waiting for cert in SCOTUS and it covers:
Whether the Court consider whether: 1) the right to possess and carry a firearm for self-defense extends outside the home, and 2) it is constitutional to prohibit law-abiding citizens’ possession and carrying of loaded weapons in motor vehicles while on National Park Service land.
And: Williams v. Maryland which covers:
Whether peaceably carrying or transporting a registered handgun outside the home, without a carry permit that is unobtainable by ordinary, law-abiding citizens, is outside of the scope of “the right of the people to . . . bear arms” protected by the Second Amendment to the United States Constitution.
Both of these cases are awaiting cert by SCOTUS.
The reply was:
1.) Do you think that SCOTUS will or will not grant cert on either of these cases?
2.) Do you think one of these cases will be the next 2nd Amendment case ruled on by SCOTUS?
.
This was posted on another board.
The case of Masciandaro v. United States is currently waiting for cert in SCOTUS and it covers:
Whether the Court consider whether: 1) the right to possess and carry a firearm for self-defense extends outside the home, and 2) it is constitutional to prohibit law-abiding citizens’ possession and carrying of loaded weapons in motor vehicles while on National Park Service land.
And: Williams v. Maryland which covers:
Whether peaceably carrying or transporting a registered handgun outside the home, without a carry permit that is unobtainable by ordinary, law-abiding citizens, is outside of the scope of “the right of the people to . . . bear arms” protected by the Second Amendment to the United States Constitution.
Both of these cases are awaiting cert by SCOTUS.
The reply was:
I will bet you a cup of coffee SCOTUS does not grant cert on this case. He was arrested for possessing a handgun in a federal park. The US Court of Appeals affirmed the District Court's ruling. There was a new law that passed after his arrest and he tried to argue that the new law should supersede the law that was in effect when he was arrested. The District Court and US Court of Appeals cite the US Supreme Court case of Hark that the law in effect at time of arrest is the correct one to be applied. His other argument is obviously more important, citing the Heller case and arguing that he has a right to protect himself. The District and Intermediate court didn't buy it. Although the Intermediate court had some interesting things to say about the Heller case, they found that the federal law was in place, it was legal, and enforceable.
The Williams case pertains more to the recent SCOTUS rulings because he violated a state law to carry a firearm without a permit. I will be surprised if SCOTUS grants cert on this one. If they do, I would like to know. It directly addresses the question of firearm possession without a permit when the state requires one. In my opinion, SCOTUS would affirm anyway. It they believed it was unconstitutional to require a permit to carry in a state, the decision would have been made decades ago. But that's me.
1.) Do you think that SCOTUS will or will not grant cert on either of these cases?
2.) Do you think one of these cases will be the next 2nd Amendment case ruled on by SCOTUS?
.