Friday, July 29, 2016

U.S. SUPREME COURT OPNION ON SECOND AMENDMENT

As you probably know, the Second Amendment limits the ability of federal and state goverments to control the right to keep and bear arms.  In it's latest term, which ended in June, 2017, the Supreme Court (hereinafter Court, as opposed to 'court') decided just one 2nd Amend. case.  This short summary is from the ACLU.

SECOND AMENDMENT
 
 
In Caetano v. Massachusetts, 136 S.Ct. 1027 (Mar. 21, 2016)(9-0), the "Court summarily ruled that the Second Amendment prohibits a state from categorically banning stun guns. The Massachusetts Supreme Judicial Court had held that the Second Amendment did not cover stun guns because they were not in use when the Second Amendment was adopted. That view was quickly rejected by the Court as inconsistent with Heller in a brief per curiam opinion. Justice Thomas, joined by Justice Alito, wrote a longer concurring opinion emphasizing that the stun gun in this case had been used by the defendant to defend herself against an abusive ex-boyfriend and was thus preferable to the use of a handgun, which would have been permitted under state law."

The official citation for this case is 136 S.Ct. 1027.  See the opinion (including occurrences at)
https://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf


This is a short opinion. This is a per curiam opinion that is a precedent and establishes the law, but is not signed by any particular justice even though it is a unanimous opinion. However, Justices can and do, such as in this case, add concurring opinions which agree with the main opinion, but in which they add their own opinions.  Concurring and dissenting opinions are no the law.


Most U.S. Supreme Court opinions are long and hard to read. The syllabus is very much shorter and much more readable.

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