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	<title>Comments on: Parker/Heller: Supremes take it</title>
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	<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/</link>
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		<title>By: Standard Mischief</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-190273</link>
		<dc:creator>Standard Mischief</dc:creator>
		<pubDate>Wed, 21 Nov 2007 17:44:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-190273</guid>
		<description>Sorry Xrlq, yes indeed, that is me screwing up my lawyer speak, Teh supremes have not yet agreed to hear Parker or agreed to recombine Parker with Heller, yet it has also not yet been denied cert.

I&#039;m still looking for the cite that claims Parker is about standing, I thought it was mentioned in scotusblog.com, but I can&#039;t find it. It&#039;s my understanding that &lt;em&gt;Parker and others&lt;/em&gt;, and the questions that they raised were stripped out of the case due to the lack of standing when the case was appealed to the supremes, hence the case is called something like  DC .v Heller now.

I may be a half dead zombie due to trying to do a week&#039;s worth of work in 3 days, but I&#039;m pretty sure we had something out in comments here over the standing issue  (where I recall it went slightly off topic and I got pwnd due to your superior rate of fire)</description>
		<content:encoded><![CDATA[<p>Sorry Xrlq, yes indeed, that is me screwing up my lawyer speak, Teh supremes have not yet agreed to hear Parker or agreed to recombine Parker with Heller, yet it has also not yet been denied cert.</p>
<p>I&#8217;m still looking for the cite that claims Parker is about standing, I thought it was mentioned in scotusblog.com, but I can&#8217;t find it. It&#8217;s my understanding that <em>Parker and others</em>, and the questions that they raised were stripped out of the case due to the lack of standing when the case was appealed to the supremes, hence the case is called something like  DC .v Heller now.</p>
<p>I may be a half dead zombie due to trying to do a week&#8217;s worth of work in 3 days, but I&#8217;m pretty sure we had something out in comments here over the standing issue  (where I recall it went slightly off topic and I got pwnd due to your superior rate of fire)</p>
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		<title>By: Xrlq</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-190217</link>
		<dc:creator>Xrlq</dc:creator>
		<pubDate>Wed, 21 Nov 2007 12:56:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-190217</guid>
		<description>It has nothing to do with standing.  The militia language is there because the question is whether the ordinance violates the substantive rights of the individuals not affiliated with state militias, not whether or not individuals have standing to assert the rights that clearly inure to them.

As to &lt;i&gt;Parker,&lt;/i&gt; I don&#039;t see how it could be off the docket without having been denied cert, assuming it was appealed in the first place.  Perhaps we&#039;re discussing semantics, &lt;i&gt;i.e.,&lt;/i&gt; the Supremes certified some issues raised by &lt;i&gt;Parker/Heller&lt;/i&gt; for review, while passing on others.</description>
		<content:encoded><![CDATA[<p>It has nothing to do with standing.  The militia language is there because the question is whether the ordinance violates the substantive rights of the individuals not affiliated with state militias, not whether or not individuals have standing to assert the rights that clearly inure to them.</p>
<p>As to <i>Parker,</i> I don&#8217;t see how it could be off the docket without having been denied cert, assuming it was appealed in the first place.  Perhaps we&#8217;re discussing semantics, <i>i.e.,</i> the Supremes certified some issues raised by <i>Parker/Heller</i> for review, while passing on others.</p>
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		<title>By: Standard Mischief</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-190201</link>
		<dc:creator>Standard Mischief</dc:creator>
		<pubDate>Wed, 21 Nov 2007 12:21:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-190201</guid>
		<description>Nylarthotep Says: 

&lt;blockquote&gt;...I really don’t like the fact that the terminology drags in the “state-regulated militia.” They completely fail to pose the question relative to “the right of the people.”&lt;/blockquote&gt;

That&#039;s fucking &quot;standing&quot; for you. Perhaps Xrlq is really right and &quot;standing&quot; isn&#039;t utter crap. But it&#039;s at least crap a significant portion of the time.

While Heller made it, it seems that Parker has been split off and is challenging the strictly narrow legalese standard mischief that keeps valid cases from even needing to see if they will be granted cert.

&lt;a href=&quot;http://www.scotusblog.com/wp/uncategorized/court-agrees-to-rule-on-gun-case/&quot; rel=&quot;nofollow&quot;&gt;Parker has nether been denied cert, nor has been placed on the supreme&#039;s docket. &lt;/a&gt;</description>
		<content:encoded><![CDATA[<p>Nylarthotep Says: </p>
<blockquote><p>&#8230;I really don’t like the fact that the terminology drags in the “state-regulated militia.” They completely fail to pose the question relative to “the right of the people.”</p></blockquote>
<p>That&#8217;s fucking &#8220;standing&#8221; for you. Perhaps Xrlq is really right and &#8220;standing&#8221; isn&#8217;t utter crap. But it&#8217;s at least crap a significant portion of the time.</p>
<p>While Heller made it, it seems that Parker has been split off and is challenging the strictly narrow legalese standard mischief that keeps valid cases from even needing to see if they will be granted cert.</p>
<p><a href="http://www.scotusblog.com/wp/uncategorized/court-agrees-to-rule-on-gun-case/" rel="nofollow">Parker has nether been denied cert, nor has been placed on the supreme&#8217;s docket. </a></p>
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		<title>By: Linoge</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189802</link>
		<dc:creator>Linoge</dc:creator>
		<pubDate>Wed, 21 Nov 2007 02:25:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189802</guid>
		<description>March, huh?  Well, we have been waiting a few hundred years for a semi-decisive interpretation of the Second Amendment...  what is a few more months?  :)  I do, however, like how the verbage seems to indicate the individual right to bear arms is assumed in the question.  Of course, if they downcheck the question, they downcheck the individual right assumption by association...</description>
		<content:encoded><![CDATA[<p>March, huh?  Well, we have been waiting a few hundred years for a semi-decisive interpretation of the Second Amendment&#8230;  what is a few more months?  <img src='http://www.saysuncle.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' />   I do, however, like how the verbage seems to indicate the individual right to bear arms is assumed in the question.  Of course, if they downcheck the question, they downcheck the individual right assumption by association&#8230;</p>
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		<title>By: USCitizen</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189782</link>
		<dc:creator>USCitizen</dc:creator>
		<pubDate>Tue, 20 Nov 2007 23:40:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189782</guid>
		<description>Yessir! Interesting times, indeed.</description>
		<content:encoded><![CDATA[<p>Yessir! Interesting times, indeed.</p>
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		<title>By: trainer</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189766</link>
		<dc:creator>trainer</dc:creator>
		<pubDate>Tue, 20 Nov 2007 21:31:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189766</guid>
		<description>I see it the same way Unkie does.

The language seems to say...&lt;em&gt;&quot;Militias, Militias, we don&#039;t need no stinkin&#039; Malitias.&quot;&lt;/em&gt;

in other words.

Does the word Militia mean squat in ref the 2A...the wording suggests no.</description>
		<content:encoded><![CDATA[<p>I see it the same way Unkie does.</p>
<p>The language seems to say&#8230;<em>&#8220;Militias, Militias, we don&#8217;t need no stinkin&#8217; Malitias.&#8221;</em></p>
<p>in other words.</p>
<p>Does the word Militia mean squat in ref the 2A&#8230;the wording suggests no.</p>
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		<title>By: brokenbarrel</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189752</link>
		<dc:creator>brokenbarrel</dc:creator>
		<pubDate>Tue, 20 Nov 2007 20:44:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189752</guid>
		<description>I agree with NYLARTHOTEP!!!We knew that D.C. would find the proper terminology to influence a judgement in their favor.The format that was used completely dismisses the all important question and reason for the case to begin with:IS IT AN INDIVIDUAL RIGHT?Now all we can do is hope that the high court will not be fooled into solely trying the case under the terminology givin.This would be a sad day for our country.The fact is that D.C. gave them no other choice but to vote in their favor;being that D.C. has already said that you have to be a member of the mulitia just in the way this case is worded.The high court basicly has no say...this is bad,bad,bad for all americans.Now we get to become a third world country thax D.C. glad we could count on you!!!!!!!!!!!!!!!!!!!!!!!!!!

&lt;em&gt;ed note: no need to bold the whole thing.&lt;/em&gt;</description>
		<content:encoded><![CDATA[<p>I agree with NYLARTHOTEP!!!We knew that D.C. would find the proper terminology to influence a judgement in their favor.The format that was used completely dismisses the all important question and reason for the case to begin with:IS IT AN INDIVIDUAL RIGHT?Now all we can do is hope that the high court will not be fooled into solely trying the case under the terminology givin.This would be a sad day for our country.The fact is that D.C. gave them no other choice but to vote in their favor;being that D.C. has already said that you have to be a member of the mulitia just in the way this case is worded.The high court basicly has no say&#8230;this is bad,bad,bad for all americans.Now we get to become a third world country thax D.C. glad we could count on you!!!!!!!!!!!!!!!!!!!!!!!!!!</p>
<p><em>ed note: no need to bold the whole thing.</em></p>
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		<title>By: thirdpower</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189748</link>
		<dc:creator>thirdpower</dc:creator>
		<pubDate>Tue, 20 Nov 2007 20:10:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189748</guid>
		<description>The Brady Bunch is already crying for money:

http://daysofourtrailers.blogspot.com/2007/11/and-so-it-begins.html</description>
		<content:encoded><![CDATA[<p>The Brady Bunch is already crying for money:</p>
<p><a href="http://daysofourtrailers.blogspot.com/2007/11/and-so-it-begins.html" rel="nofollow">http://daysofourtrailers.blogspot.com/2007/11/and-so-it-begins.html</a></p>
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		<title>By: -</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189747</link>
		<dc:creator>-</dc:creator>
		<pubDate>Tue, 20 Nov 2007 20:03:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189747</guid>
		<description>The language makes it sound like they&#039;re actually going to tackle the issue head-on; it&#039;s hard to see what &quot;the second amendment rights of individuals&quot; might mean at all if they don&#039;t at very least include keeping guns for private use in the home. So the supremes will at a minimum have to give a clear yea or nay on whether any such individual rights exist, it looks like.

I&#039;m impressed. I had fully expected them to dodge, weave, duck, cover, avoid, evade, and weasel their way out of precisely that point.</description>
		<content:encoded><![CDATA[<p>The language makes it sound like they&#8217;re actually going to tackle the issue head-on; it&#8217;s hard to see what &#8220;the second amendment rights of individuals&#8221; might mean at all if they don&#8217;t at very least include keeping guns for private use in the home. So the supremes will at a minimum have to give a clear yea or nay on whether any such individual rights exist, it looks like.</p>
<p>I&#8217;m impressed. I had fully expected them to dodge, weave, duck, cover, avoid, evade, and weasel their way out of precisely that point.</p>
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		<title>By: Oldsmoblogger</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189743</link>
		<dc:creator>Oldsmoblogger</dc:creator>
		<pubDate>Tue, 20 Nov 2007 19:54:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189743</guid>
		<description>+1 SayUncle. The language appears to take individual rights as a given. At worst, it acknowledges that there is an argument to be made.</description>
		<content:encoded><![CDATA[<p>+1 SayUncle. The language appears to take individual rights as a given. At worst, it acknowledges that there is an argument to be made.</p>
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		<title>By: Hamilton</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189741</link>
		<dc:creator>Hamilton</dc:creator>
		<pubDate>Tue, 20 Nov 2007 19:52:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189741</guid>
		<description>This will become a central issue in the presidential election and democrats that have long supported more restrictive gun control will be forced to take a more central position for fear of losing votes. The electorate has demonstrated in recent years more than once what happens when the goverment imposes restrictive gun control. Just look back to the &#039;94 elections following the crime bill. Just look to Al Gore and Tom Daschle. The road to gun control is littered with the political bodies of those that forgot how to protect constitutional rights.</description>
		<content:encoded><![CDATA[<p>This will become a central issue in the presidential election and democrats that have long supported more restrictive gun control will be forced to take a more central position for fear of losing votes. The electorate has demonstrated in recent years more than once what happens when the goverment imposes restrictive gun control. Just look back to the &#8216;94 elections following the crime bill. Just look to Al Gore and Tom Daschle. The road to gun control is littered with the political bodies of those that forgot how to protect constitutional rights.</p>
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		<title>By: SayUncle</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189731</link>
		<dc:creator>SayUncle</dc:creator>
		<pubDate>Tue, 20 Nov 2007 19:31:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189731</guid>
		<description>not at all, chris.  it&#039;s a big thing.</description>
		<content:encoded><![CDATA[<p>not at all, chris.  it&#8217;s a big thing.</p>
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		<title>By: chris</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189728</link>
		<dc:creator>chris</dc:creator>
		<pubDate>Tue, 20 Nov 2007 19:29:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189728</guid>
		<description>Am I the only one who is nervous about this?</description>
		<content:encoded><![CDATA[<p>Am I the only one who is nervous about this?</p>
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		<title>By: SayUncle</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189719</link>
		<dc:creator>SayUncle</dc:creator>
		<pubDate>Tue, 20 Nov 2007 19:13:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189719</guid>
		<description>Actually, I rather like the language as it seems to presume an individual right.</description>
		<content:encoded><![CDATA[<p>Actually, I rather like the language as it seems to presume an individual right.</p>
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		<title>By: Greg Morris</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189718</link>
		<dc:creator>Greg Morris</dc:creator>
		<pubDate>Tue, 20 Nov 2007 18:55:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189718</guid>
		<description>The real question is will we know before the elections?  I think the best hope for the republican party is something like this forcing democrats to talk about gun control.</description>
		<content:encoded><![CDATA[<p>The real question is will we know before the elections?  I think the best hope for the republican party is something like this forcing democrats to talk about gun control.</p>
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		<title>By: Nylarthotep</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189716</link>
		<dc:creator>Nylarthotep</dc:creator>
		<pubDate>Tue, 20 Nov 2007 18:40:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189716</guid>
		<description>According to SCOTUSblog they are supposed to hear this in March. God knows when they&#039;ll announce the findings.</description>
		<content:encoded><![CDATA[<p>According to SCOTUSblog they are supposed to hear this in March. God knows when they&#8217;ll announce the findings.</p>
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		<title>By: Nylarthotep</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189715</link>
		<dc:creator>Nylarthotep</dc:creator>
		<pubDate>Tue, 20 Nov 2007 18:36:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189715</guid>
		<description>Yeah, but this doesn&#039;t sound very good.
&lt;blockquote&gt;Here is the way the Court phrased the granted issue:

“Whether the following provisions — D.C. Code secs. 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?”

The first listed section bars registration of pistols if not registered before Sept. 24, 1976; the second bars carrying an unlicensed pistol, and the third requires that any gun kept at home must be unloaded and disassembled or bound by a lock, such as one that prevents the trigger from operating.&lt;/blockquote&gt;

Thats from &lt;a href=&quot;http://www.scotusblog.com/wp/&quot; rel=&quot;nofollow&quot;&gt;SCOTUSblog&lt;/a&gt;.

I really don&#039;t like the fact that the terminology drags in the &quot;state-regulated militia.&quot; They completely fail to pose the question relative to &quot;the right of the people.&quot;</description>
		<content:encoded><![CDATA[<p>Yeah, but this doesn&#8217;t sound very good.</p>
<blockquote><p>Here is the way the Court phrased the granted issue:</p>
<p>“Whether the following provisions — D.C. Code secs. 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?”</p>
<p>The first listed section bars registration of pistols if not registered before Sept. 24, 1976; the second bars carrying an unlicensed pistol, and the third requires that any gun kept at home must be unloaded and disassembled or bound by a lock, such as one that prevents the trigger from operating.</p></blockquote>
<p>Thats from <a href="http://www.scotusblog.com/wp/" rel="nofollow">SCOTUSblog</a>.</p>
<p>I really don&#8217;t like the fact that the terminology drags in the &#8220;state-regulated militia.&#8221; They completely fail to pose the question relative to &#8220;the right of the people.&#8221;</p>
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		<title>By: Linoge</title>
		<link>http://www.saysuncle.com/2007/11/20/parkerheller_supremes_take_it/comment-page-1/#comment-189714</link>
		<dc:creator>Linoge</dc:creator>
		<pubDate>Tue, 20 Nov 2007 18:34:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/11/20/parkerheller_supremes_take_it/#comment-189714</guid>
		<description>Shiny!  Now the only question is how long until they actually start hearing the case, much less provide an answer...</description>
		<content:encoded><![CDATA[<p>Shiny!  Now the only question is how long until they actually start hearing the case, much less provide an answer&#8230;</p>
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