Brewer v State

Discussion in 'GA Laws and Politics' started by wsweeks2, Aug 12, 2007.

  1. wsweeks2

    wsweeks2 New Member

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    Brewer v. State 281 Ga. 283, 2006, The Supreme Court of the State of Georgia declares that the protections guaranteed by the Second Amendment to the United States Constitution do not apply to Georgia

    That was taken from the caselaw page on here. I guess they're right however since we don't have any 4th amendment rights extended to us from the US Constitution as well.

    Isn't there any legal standing to challenge this under the 14th?
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    U.S. Supreme Court

    All the Supreme Court of Georgia is saying is that when it comes to interpreting the U.S. constitution, the U.S. Supreme Court's rulings must be followed. The U.S. Supreme Court has never recognized the "individual rights" model of the 2nd Am. The Miller case from 1939 indicates that they support a "collective rights" interpretation, or at least that's one way of reading Miller. Many Circuits in the U.S. Court of Appeals have caselaw that is much more direct and clear than Miller, and all except the 5th Circuit definitely say that individuals derive no gun rights from the 2nd Amd. So the Georgia Supreme Court is saying that they are going to apply the law as it has been well-settled in the federal courts, since we're talking about a provision of the federal constitution.

    Now the 4th Amendment HAS been found by the federal courts to apply to all Americans, and it applies to searches and seizures by all levels of government. Many, many cases hold that you DO have an individual right under the 4th Amd. So it's not the same situation as the 2nd Amd.
     

  3. wsweeks2

    wsweeks2 New Member

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    What about United States v. Verdugo-Urquidez, 494 U.S. 259 (1990)?

    As part of the ruling, the USSC found "...While this textual exegesis is by no means conclusive, it suggests that "the people" protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community..."

    Further reading on this case sums it up that the court determined the term "the people" means the individuals and that this meaning is applied to the 1st, 2nd, 4th, 9th, and 10th.
     
  4. kkennett

    kkennett New Member

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    This speaks directly to incorporation of the 2nd under the 14th. That has not been accomplished, as of yet. First, the Parker/Heller case must be won, then a case through a state (not D.C.) must make its way through. This is, at best, 2-3 years away.
     
  5. wsweeks2

    wsweeks2 New Member

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    Gotcha. Thanks Kennett.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    GCO has been weighing how to bring the correct case for some time now. The timing is just about right.

    But no pressure, please. Something as important as this must be meticulously planned.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Re: U.S. Supreme Court

    I have a slightly different take on the Brewer decision. You may read it here.