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Judstice Scalia Is Ready to Place Limits on Gun Ownership

Written by Gary North on August 2, 2012

Justice Scalia is an “originalist.” He says that he looks at what the Constitution meant when it was ratified in 1787 and 1788.

In an  interview on Fox News, Supreme he said that the Constitution does seem to allow state legislatures to place restrictions on gun ownership. He was vague as to which kinds of guns.

 There are legal precedents in the early days of the Constitution. “They had some limitations on the nature of arms that could be borne.”What were these limitations? He did not say.

There are locations where guns may be banned. He did not say “movie theaters.”

Who will decide which kinds of guns and where? Why, five members or more of the Supreme court. “It will have to be decided in future cases.”

What about “assault weapons”? What about 100-round ammunition magazines. “We’ll see.”

Yes, we will. We’ll see who breaks the law and who doesn’t. We’ll see which mass murderers worry about gun control laws and their penalties, and which don’t.

I think it will be difficult for anti-gun Democrats to get their agenda through this House of Representatives this year. I think the threat of a filibuster will keep legislation from getting through the Senate this year.

But the day will come when the Court is presented with a case. We will then see how originalist Scalia really is.

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33 thoughts on “Judstice Scalia Is Ready to Place Limits on Gun Ownership

  1. Of course he was vague. He is a Supreme Court judge.

  2. Scalia the "originalist" wasn't bothered by 5 lawyers in batsuits deciding who would be president in 2000 election in violation of the Constitution. That election should have gone to the House of Representatives like the document says. In the end, even "conservative" judges are still total control freaks living off the sweat of taxpayers. It's 1776 all over again.

  3. Disconcerting as many Americans may find the erosion of the Second Amendment guarantee, what is even more disturbing is that five people have the power to decide whether United States citizens have the right to protect themselves and their families, to what degree, and with what weapons. The Supreme Court has ruled that Americans have the right to bear arms, but only until they say otherwise. If you look to the Second Amendment for your authority to bear arms, that authority is contingent upon the fickle nature of nine fallible human beings.

    "Let the high praises of God be in their mouth, and a twoedged sword (equivalent to a side arm today) in their hand; to execute vengeance upon the heathen, and punishments upon the people; to bind their kings with chains, and their nobles with fetters of iron; to execute upon them the judgment written: this honour have all his saints. Praise yes Yah." (Psalm 149:6-9).

  4. http://en.wikipedia.org/wiki/United_States_Bill_o

    “Congress shall make no law …” (as opposed to states shall not?)
    http://en.wikipedia.org/wiki/Incorporation_of_the

    “Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state governments.”

  5. So, we are now going to ban knives or ensure they are not pointy and sharp?
    http://news.yahoo.com/chinese-teen-kills-eight-kn

  6. David Ozanne says:

    First they start out with weapons that cannot be carried. . Then they move on to other things. Eventually they can determine that the only guns that were included by the founders were single shot muskets and pistols. These idiot lawyers that cannot determine the meaning of "is" are trying to determine what the founders were thinking. This is impossible because at 12 and 13 years of age the founders were better educated and more knowledgable and wiser than our Graduate school lawyers with Doctorates. Todays lawyers cannot even understand the grade school textbooks used back then. How can we trust them to tell us what the founders meant????

  7. jerry1944 says:

    With him thinking about it and roberts up for sell we are in troble. Stock pile gins and ammo With a small start to get control it will be like cigs. Start calling it health and now for taxes. No shoulder rockets to no hand guns. And the goverment going to drones.. Thanks roberts for turning trader to our country

  8. Danno,
    Took the words right out of my mouth. I assume he was reffering to the U.S. Marshalls creating an unconstitutional ban on guns in individual towns. Of course there were ordinances that prohibited carry in barrooms and I'm not sure that would create a violation of common sense.
    Then there is the unconstitutional Roe V Wade and the infamous unconstitutional ruling in accepting Bush V Gore. The list goes on and on and political correctness displaces common sense and the Constitution as written daily.

  9. bull_rider says:

    Where Scalia is messing up is this: you can't just start reading into 'what they meant at the time'. That opens the door to any and all interpretations. We are not psychic. There are words, down on paper, saying what is what. If we decide as a people that we do not want the right to bear arms, or if we want to elaborate on allowing some restrictions, the Constitution must be amended. There are no shortcuts to remaining a government of laws, and not of men.

    "Freedom of Speech" also took place in the context ot the 1700's. Even back then you would not have wanted to yell 'Fire' in a crowded place and it would not have been allowed – but they also could not just "speak' to 10 million people at one time as we can today. If we can rationalize ignoring the words of the 2nd amendment in light of 'what they meant at the time', when will we also ignore the words of the 1st? At that point you will see political commentators and others have their rights taken away when the ruling party does not like what is being said. Scalia is wrong, wrong, wrong.

    We cannot leave the Constitution open to interpretation.

  10. A great book on how the communists have taken over our institutions – churches, schools, businesses, government, Military and now our court system is

    – The Naked Truth: The Naked Communist – Revisited
    by James C. Bowers
    http://www.amazon.com/The-Naked-Truth-Communist-R

    He discusses how W. Cleon Skousen ( author of the 5000 Year Leap ) was an FBI agent for 16 years and was concerned about the implementation of what he felt were the top 45 stated goals of the communists at that time. You will be shocked how successfully their plans have been completed. A MUST READ book for any freedom loving American. Please pass on to others when done reading – SPREAD THE WORD

    Also – A MUST SEE – We were warned – watch the youtube video of Yuri Bezmenov, from the 80's with G. Edward Griffin ( Jekyll Island author ). A Soviet KGB defector, he tells how it was his job to infiltrate these institutions and place communist supporters in positions of leadership and power. He was successful in doing so. Mind boggling stuff.
    http://www.youtube.com/watch?v=y3qkf3bajd4

  11. I only wish to God it were 1776 again; then we'd have the courageous patriots that would be willing to fight this Godless, pro-death, anti-freedom communist regime! We will be needing another 1776 in order to preserve this dying Republic and our fastly disappearing freedoms! Look's to me like the new Hitler has intimidated everybody that has anything to do with the government, isn't it obvious by now? GOOD against EVIL, that is what is being played out now; and you, my friends are being brainwahed by this regime and it's state-run media into thinking that you are the latter! This Godless regime is as evil as sin and if we don't get rid of it, you will feel it's wrath, you already are! This is the truth, whether you want to believe it or not. History will be my truthteller!

  12. In 1776, our patriots used weapons that were every bit as good, IF NOT BETTER, than those used by British troops. It should be understood in that context when restriction of ownership is discussed.

  13. Smallville71 says:

    Bull_Rider, the Government has already taken our freedom of speech away whenever we’re in earshot of the Secret Service, remember…

  14. J. R. Johnson says:

    Really the Bill of rights as the rest of the constitution is written to limit the federal government "congress shall make no law". Congress can't give rights because the source of rights is stated in the Declaration of Independence as inalienable and coming from a "Creator". Rights come from a supreme being granted to men, men then "create" a government which is really a created or ficticious entity, to protect those rights. The Bill of rights acknowleges the responsibility of a State to regulate a militia and that man already has the right to keep and bear arms (no limit given) in order to protect his "Life, Liberty, and property. The fact that these rights "shall not be infringed " shows the permancy of rights established (endowed) by a creator, and not a man made government. In our country, men (mankind) has rights from a creator God and government's created by man only have "privilege." Thus the constitution correctly states "shall not be infringed."

  15. J. R. Johnson says:

    Continued:
    The diminishing of God in our society is an imperative declaired in the Marxist doctrine in order to demoralize a country and remove the moral strength to stand against tyranny. Marx's main mistake in this is that removal of God does not change the fact that man is endowed by his creator with certain unalienable rights. It does put us squarely where our founders were when British tyranny was infringing on their liberties. Neither the States nor the subordinate federal governmetn can take away the God given rights to protect our life, liberty and properties both by personally bearing arms and by creating government run by the "Consent of the governed." The militia, every citizen with a weapon (arms) is the main protection for a "free state" and it needs to be reaffirmed in each persons mind that the militia is the "homeland security" given by our founders as a check against all other authority. Other checks and ballances are constitutionally informed petit and grand jury's and the local sheriff who takes an oath to defend the constitution and the people. Your sheriff should have no outside influences to divide his loyalties.

  16. Arley Steinhour says:

    I don't believe you are correct, 'Guest,' as the Bill of Rights required ratification by the States, to become the 'National' Bill of Rights.

  17. Oscar Borras says:

    Scalia got scare like Robert Gates. Both should go on permanent vacactions to Hawaii.

  18. Supreme Court is now a joke …… not an interpreter of the constitution anymore! The second ammendment was instituted at a time when the citizen was able to aquire weapons EQUIVALENT to those available to the Government. The founders had no conception as to what an AK47 was or similar. These are available to the Government….therefore logic tells us that the citizenry should be EQUALY able to arm themselves against an opressive government, as was intended by the second ammendment!

  19. Obama has stacked the Supreme Court in his favor

  20. In 1776 every muzzle loading black powder gun in the hands of colonists was an "assault weapon". One of the reasons later the Japanese decided against a US mainland invasion during WWII, because they recognized most Americans owned guns and would shoot back!

  21. Brooklyn Jo Jo says:

    First of all the supreme court has changed over the years, to me it is worthless, they think they can just change anything they want. obama and the stupid senate and congress okays more radicals into the court, I will not give up my rights to carry and bear arms, that is why Romney has to win, so we can kick asses out of the courts and several other places that these people think they have power over us Americans. this man should have just shut his mouth, he is a nobody.

  22. Spokane WA 3rd Leg Dist – (my votes)

    Michael Baumgartner……U.S. Senator
    Cathy McMorris-Rogers…U.S. Rep Dist 5
    Shahram Hadian…………..Governor
    Brad Owen………………….Lt Gov
    Sharon Hanek……………..State Treasurer
    Karen Murray………………Sec of State
    James Watkins…………….State Aud
    Stephen Pidgeon…………A.G.
    Clint Didier…………………Comm of Pub Lands
    Ron Higgins………………..Super of Pub Inst
    Scott Reilly…………………Insurance Comm
    Nancy McLaughlin……….State Senator
    Tim Benn…………………..State Rep Pos 1
    Dave White……………….State Rep Pos 2
    Scott Stafne………………Supreme Court Justice Pos 2
    Bruce Danielson…………Supreme Court Justice Pos 8
    Richard Sanders…………Supreme Court Justice Pos 9
    (www.WeBelieveWeVote.com)

  23. Bigolfascist says:

    Well, we ain't gonna have 1776 all over again. All the balls have been collected and turned into Soylent Green. History is/has been revised since the end of WWII. Don't count on it as your truthteller. Pretty telling when a SCJOUS decides which firearms/knives/truncheons/et. al. are allowed to citizens. We then become like the UK & Commonwealth: serfs to the government and dependent on everything they give us. Scalia's ignorance of the federal regulations is quite apparent. He obviously is not cognizant of the BATF. Guess the handwriting was on the wall with Roberts' decision on the ACA. That was the shot fired across the bow. If we don't have a Lexington and Concorde Moment, we get what we deserve.

  24. sean murry says:

    Let him try it and see what happens.

  25. A great book on how the communists have taken over our institutions – churches, schools, businesses, government, Military and now our court system is

    – The Naked Truth: The Naked Communist – Revisited
    by James C. Bowers
    http://www.amazon.com/The-Naked-Truth-Communist-R

    He discusses how W. Cleon Skousen ( author of the 5000 Year Leap ) was an FBI agent for 16 years and was concerned about the implementation of what he felt were the top 45 stated goals of the communists at that time. You will be shocked how successfully their plans have been completed. A MUST READ book for any freedom loving American. Please pass on to others when done reading – SPREAD THE WORD

    Also – A MUST SEE – We were warned – watch the youtube video of Yuri Bezmenov, from the 80's with G. Edward Griffin- Jekyll Island author . A Soviet KGB defector, he tells how it was his job to infiltrate these institutions and place communist supporters in positions of leadership and power. He was successful in doing so. Mind boggling stuff.
    http://www.youtube.com/watch?v=y3qkf3bajd4

  26. Tea Party members worry about gun control. These cowards who want to be able to carry guns do nothing but protest about paying too much or not wanting to pay anything, but God forbid, they love guns. Give them a gun and let them go fight in Afghanistan, they can shoot all they want there.

  27. God help us! They must have threatened Scalia too and he is caving. Pray for God's mercy on our Nation.

  28. I think we need another CIVIL WAR to straighten out Washington, including the FSC. The majority of them need to GO.
    They're ruining this country. As Ronald Reagan said, "Big government IS the problem."

  29. Hopefully, we're going to declare WAR on the crooks in Washington that are trying to destroy this country. They need to GO, either vertically or HORIZONTALLY….AND W/OUT their paychecks.

  30. We CAN'T trust them. That is why BLOOD needs to run in Washington. Thosr idiots are destroying this country. They need to be stopped BY ANY MEANS NECESSARY. The founders are probably turning over in their graves at Washington
    D.C. is doing today.

  31. Of COURSE…Did we expect any different from our communist-in-chief???

  32. Why Afghanistan?? There's going to be a war RIGHT HERE if we want our country back from the communists in Washington.

  33. The Federal Constitution is intended to restrain the Federal government permitting it to do only what is expressly established, one element of which is total jurisdiction, equivalent of a State, in the District of Columbia. Like all of our problems, though, the people want to enter this District via contract and deal with the Federal government on different footing. When they do and later discover that their contracts with it are contrary to express powers if they had maintained their prior relationship they turn around and blame it on the Federal government. The 2nd Amendment wasn't incorporated into the 14th until DC v Heller and the McDonald cases but all of the supporters of the 2nd Amendment thought that was grand, centralizing the political protection of their rights through Judicial fiat. Of course, all around them is evidence that every other centralization of the political protection of their rights through Judical fiat works to diminish them, but here they celebrated to their peril.

    Freedom requires responsibility, which our people don't want to accept. They want political protection of all of their rights, but they want them by standing in other mens faith and to enjoy them without any cost, inconvience, or responsibility. In that respect the welfare entitlement mindset rules the conservatives as much as it does the liberals, it just manifests itself in different areas.

    When will the people say, "You know I don't want Social Security so I'm going to pull out of that, and I'm not going to put my children into it?" When will they say, "you know I don't want all of these entitlement programs, so I'm going to pull out of the contracts I've entered in the District of Columbia and re-assert my rights on a different footing?"