TIP: Click on subject to list as thread! ANSI
echo: guns
to: CHARLES FIKE
from: RICHARD PRENTISS
date: 1996-07-04 10:50:00
subject: SUPREME COURT

 > NP>ML>   I believe the question of the second amendment being an 
 > individual
 > NP>ML>right  has never been to the Supreme Court. The cases that 
 > have been
 > NP>ML>there have  all been on narrow technical grounds or perphial 
 > issues.
 > NP>ML>"Miller" for  example was quite limited in scope.
 > 
 > NP>I had always thoughtso myself, but apparently not so.  The NRA's 
 > home
 > NP>page on the web had some cases.
 > 
 > The USSC has never ruled directly on the 2nd amendment yet... I hear 
 > it
 > may do so soon..
The SC did mention the Second Amendment as one of several examples of 
individual rights in U.S. vs. Verdugo-Urquidez, 1990 I think. 
     Taken from "They Register Cars, Don't They?" by Mark Moritz
        Reprinted from the January/February 1991 The Firing Line -
       "The Bullet Trap"   Arizona State Rifle and Pistol Association
           Re: Supreme Court interpretations of the Second Amendment.
    The Court most recently mentioned the Second Amendment in dicta in
    United States v. Verdugo-Urquidez, 110 S. Ct. 1839 (1990).
    Verdugo-Urquidez was a citizen and resident of Mexico, and a drug
    dealer.  The Mexican police arrested him in Mexico, and brought him to
    the U.S., where the U.S. cops arrested him.  With the permission of the
    Mexican police, the U.S. narcs searched his residence (in Mexico), and
    found documentary evidence detailing drug shipments to the U.S.
    Verdugo-Urquidez moved for suppression of that evidence as a violation
    of the Fourth Amendment prohibition against unreasonable searches and
    seizures.
 
    The question for the court: Does the Fourth Amendment apply to
    non-resident non-citizens outside the U.S.?  The answer: no.
 
    The court's reasoning: The Fourth Amendment protects the right of "the
    people" to be secure against unreasonable searches and seizures.  Who
    are "the people"?  According to Chief Justice Rehnquist, the phrase
    "the people" was a term of art used by the Framers.  Rehnquist wrote:
 
         The Second Amendment protects "the right of the people eAaoce  sst., 
Amds .p ); rt. I, s 2, cl. 1 ("The HousnlrYPt) bmeans conclusive, it 
suggecdtm rtds oa
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sooc :mul   instructive is the Report of the Subcommitto uS a 
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Sorry about that, I'll try to bash my software into shape and get you the 
rest of the article.
--- FLAME v1.1
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* Origin: The Grotto - Arvada, CO (303) 421-7186 V.32bis (1:104/251)

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