McDonald V Chicago (RIP McDonald)

Discussion in 'Gun Control' started by Small Town Guy, Apr 20, 2014.

  1. Small Town Guy

    Small Town Guy Well-Known Member Past Donor

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    After Heller V DC McDonald (and some other incorporated cases) brought suit to get a decision regarding whether the Heller ruling applied to states and municipalities. There is some very sound decisions made here and as of now are the law of the land.
    Basically Chicago said that the Heller ruling applied only to federal law, The supreme court disagreed. Some interesting information came from this decision, many of which affirm that the right to self defense is a natural right not encumbered by federal or state laws.
    Chicago also tried to say that because of a previous court case (slaughter house) that the federal government couldn't apply the 2A to the states. The court disagreed referring to the 14th amendment and pointed out that SCOTUS had already applied the 1st amendment to the states and many other BORs. It is a very interesting read.

    One caveat is the term "in the home" which has appeals courts split and surprisingly it was the 9th circuit which could land the phrase in the lap of SCOTUS.

    http://www.usatoday.com/story/news/...me-court-guns-california-home-public/5467059/
    It's time to settle this and my bet....inside....outside won't matter to SCOTUS, self defense has already been decided as an inherent right...why should the HOME matter?

    BTW McDonald just recently passed away. God Bless sir!
     
  2. smevins

    smevins New Member

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    Because it is relevant to many states' self-defense laws
     
  3. Small Town Guy

    Small Town Guy Well-Known Member Past Donor

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    Please expand
     
  4. smevins

    smevins New Member

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  5. Small Town Guy

    Small Town Guy Well-Known Member Past Donor

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    OK so now we know what castle doctrine is per your link "A castle doctrine (also known as a castle law or a defense of habitation law) is a legal doctrine that designates a person's abode (or, in some states, any legally-occupied place [e.g., a vehicle or workplace]) as a place in which that person has certain protections and immunities permitting him or her, in certain circumstances, to use force (up to and including deadly force) to defend themselves against an intruder, free from legal responsibility/prosecution for the consequences of the force used."

    Now what is your point?
     
  6. smevins

    smevins New Member

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    You wanted to know why "home" matters. I told you. "Home" is relevant in gun laws because it is relevant to self-defense law and is therefore relevant to the Heller ruling. If you do not see the point, then perhaps you should do some further research on gun laws before discussing the topic.
     
  7. Small Town Guy

    Small Town Guy Well-Known Member Past Donor

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    Whew after a bit of digging your point finally comes out...Thanks. I also pointed out that that very point had split the courts and that self defense was an inherent right. Which was the relevance of my topic. Instead of commenting on the obvious, what are your thoughts on self defense outside the home verses inside the home?
     

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