Latest Brady Bunch Nonsense

[WeedWacker]

It seems to me like another case of someone with a different veiw forcing it upon everyone else.

 

[FirstFreedom]

As of yet, the 2nd isnt and individual right

Yes, it most certainly is. In the DC circuit and the 5th circuit. In other areas, it's not. In some areas, there is no answer to the question. It as much IS as it ISN'T, being an undecided/gray/circuit split area. If anything, it IS, since US v. Miller in 1939 extremely strongly implied that it is an individual right. Not to mention Verdugo-Urquidez. Not to mention that the BULK of the scholarly authority, both in sheer number of articles/opinions AND in scholarly weight based on impressiveness of authority/credentials, comes down in favor of individual right. Did you go to law school, WA? What are your credentials in the area? So you disagree with Larry Tribe and Alan Dershowitz on the issue? Outhouse lawyers...

When it is, the Courts will strictly scrutinize and find NICS check is minimally intrusive in terms of the harm to be prevented.

I do think you're right about that however, WA, and personally think that is a good thing.

 

[BillCA]

If anything, it IS, since US v. Miller in 1939 extremely strongly implied that it is an individual right.

First Freedom - I will disagree with you with regards to it being strongly implied . The fact that SCOTUS found that Miller had standing to bring a 2A challenge to the 1934 NFA shows an individual right.

Had the court believed in a "collective rights" theory, the State would have been required to file the challenge, not Miller. Miller would have needed to show a milita membership if he filed the challenge. Otherwise the court would have denied his case.

Thus, my meager grasp of the law says that the court recognized the 2nd Amendment as an individual right, else they would have denied a hearing.

 

[FirstFreedom]

They keep sending more...

If you guys get tired of these, and/or find them useless or non-instructive, please let me know. Until then....

WHY WOULD CONGRESS PROTECT CRIMINALS INSTEAD OF POLICE?
Tell Congress to Repeal the Restrictions on Crime Gun Trace Data


Dear *****,


Here's a jaw dropper we thought you would want to know about and help change: tucked away in a federal funding bill since 2003 is a provision that makes it harder for cops to catch criminals.

The provision actually hides gun trace data from law enforcement and the public.

Why does the gun lobby always push for this provision? The trace data shows that most crime guns come from a small number of corrupt dealers. Without comprehensive trace data, these dangerous gun dealers avoid public scrutiny and local police are deprived of warnings of possible criminal activity in their communities.

Who does this provision help? Corrupt gun dealers and the illegal gun traffickers who depend on them. Who does it hurt? All Americans who want to crack down on dirty dealers and stop gun violence.

The nation's mayors have come together to repeal these restrictions, and law enforcement organizations and officials from across the country have also joined the fight. Go to our Brady Action Center to read more and watch videos of key officials who are opposed to this dangerous provision.

This legislation could be under consideration in the U.S. House Appropriations Committee any day now. We have a new Congress and a new opportunity to get rid of this so-called "Tiahrt Provision" — named after the NRA's water boy, Rep. Todd Tiahrt (R-KS) — that suppresses the truth about crime guns and hurts law enforcement efforts to fight gun trafficking and corrupt gun dealers.


Here's What You Can Do Today to Help Repeal the Restrictions on Crime Gun Trace Data:

1. Email the U.S. House Leadership.
With one click, you can tell Speaker Pelosi and Minority Leader Boehner to stand with police, and repeal the restrictions on crime gun trace data by removing the Tiahrt Provision. Click here to send the email.

2. Donate $7 for Seven Months.
This is just the beginning of the fight against the Tiahrt Provision. Your sustained support throughout the rest of the year will help us mount a campaign to remove these restrictions on our police. Click here to make a donation today.

3. Spread the Word.
Use our easy form to forward this email to everyone in your address book. Congress needs to hear from those of us who support sensible gun laws. Click here to forward this email to friends.

It's hard to believe that current law limits the type of information that police can get from ATF. Please send the email today and let them know that we must remove this provision that protects criminals and hurt police efforts.

Thanks for standing with us in this important fight.

Sincerely,


Sarah Brady, Chair

 

[Al Norris]

Sen. Barbara Mikulski, D-Md., who chairs a Senate Appropriations subcommittee, said Thursday that she would strip what's most often referred to as the "Tiahrt amendment" from a spending bill before her panel.

And strip it, she did.