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Originally posted by Rockpuck
"cut and run" ... seriously.. the Bush vocab rhetoric is the only thing that is tiresome.
Originally posted by Vasilis Azoth
According to this article: www.fas.org...
Montana has 535 nukes. That is not a small ammount and the makings for an independant county.
Of course, could they maintain or even use them without Military assistance? I don't know, but I'm sure there are a few clever people out there.
Truthfully, I doubt it would ever come to that and as Dr. Love pointed out I don't think we want it to get that bad.
Vas
[edit on 20-2-2008 by Vasilis Azoth]
Originally posted by TheWalkingFox
reply to post by Black_Fox
And you know the irony?
Montana voters swung for the team that brought them all that. Every single election. They vote to rip away their own rights -and ours as well. But then when they feel they might not be able to keep their guns, and suddenly they give a damn about their rights?
I guess rights are only valuable if you have to pay money to exercise them.
Originally posted by Blaine91555
I don't think that Secession is the point of what they are trying to do. I believe it has more to do with preserving the agreed to rights in regard to their State regardless of the Supreme Courts ruling. If the Court rules that gun possession is not an Individual Right, they are contending it would not apply to Montana. Actual secession would be a fools move and I don't think they are being that naive. In fact, I think this is quite shrewd on their part.
Originally posted by Rockpuck
And don't think all America would support the slaughter of the folks from Montana. The insurrections that would arise would be enough to bring the country to its knees.
In urging the Court to review the case, lawyers for the District contended that the D.C. Circuit opinion was "the first time in the Nation's history that a federal appellate court has invoked the Second Amendment to strike down any gun-control law." Pet. at 1-2. They argued that the decision created a critical split with the nine other circuits that had held that the Amendment did not protect private gun ownership.
Moreover, the petitioners argued, the decision was wrong for three reasons: first, the Second Amendment guarantees the rights of those serving in state militias; second, the Amendment does not apply against the District as it is a federal enclave rather than a state; and third, the statute does not violate the Second Amendment because it amounts to a regulation on, rather than a prohibition of, gun ownership.
Notably, the respondents joined the petitioners in asking the Supreme Court to take the case. They contended that many courts misconstrue the meaning of the Second Amendment, creating a need for Supreme Court clarification.
Although the parties agreed that the Supreme Court should accept the Heller case, they have common ground on precious little else. In fact, although the litigation is well developed, the parties do not even agree on the nature of the prohibitions they are contesting. The District defines the disputed ordinances as banning private possession of handguns, which are uniquely dangerous, while allowing possession of rifles and shotguns. The gun owners contend that the District's code outlaws possession of all "functional firearms" because it requires that rifles and shotguns be disassembled and trigger locked.
In taking the case, the Court declined both glosses and drafted its own Question Presented: "Whether the following provisions -- D.C. Code Secs. 7-2502.02(a)(4), 22-4504(a), ad 7-2507.02 -- violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?"
At the heart of the Supreme Court review lies its 1939 opinion in United States v. Miller, 307 U.S. 174 (1939), in which it was asked to decide whether the holder of a sawed-off shotgun who transmitted it across state lines in violation of the National Firearms Act was insulated by the Second Amendment. The Court held that he was not, relying primarily on the fact that the weapon at issue was not an "arm" as intended by the Second Amendment because it could not be used in a militia. That holding has been interpreted by gun control advocates as a vindication of their position that the Amendment applies only to militia members, while gun owners contend that it means any individual may carry a gun so long as it could be used in combat.
07-290 DISTRICT OF COLUMBIA V. HELLER
DECISION BELOW:478 F. 3d 370
LOWER COURT CASE NUMBER: 04-7041
QUESTIONS PRESENTED:
Whether the Second Amendment forbids the District of Columbia from banning private possession of handguns while allowing possession of rifles and shotguns.
THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO THE
FOLLOWING QUESTION: WHETHER THE FOLLOWING PROVISIONS - D.C.
CODE §§ 7-2502.02(a)(4), 22-4504(a), AND 7-2507.02 - VIOLATE THE SECOND AMENDMENT RIGHTS OF INDIVIDUALS WHO ARE NOT AFFILIATED WITH ANY STATE-REGULATED MILITIA, BUT WHO WISH TO KEEP HANDGUNS AND OTHER FIREARMS FOR PRIVATE USE IN THEIR HOMES?
CERT. GRANTED 11/20/2007
QUESTIONS PRESENTED:
Whether the Second Amendment forbids the District of Columbia from banning private possession of handguns while allowing possession of rifles and shotguns.
The case, District of Columbia v. Heller, No. 07-290, involves three District of Columbia firearms ordinances. The first, D.C.Code Sec. 7-2502.02(a)(4), generally bars the registration of handguns. The second, D.C. Code Sec. 22-4504(a), prohibits carrying a pistol without a license. The third, D.C. Code Sec. 7-2507.02, requires that all lawfully owned firearms be kept unloaded and either disassembled or trigger locked.