Skip to main content

US Supreme court avoids involvement in gun control argument

The supreme court on Monday declined to wade into the politically volatile issue of gun control by leaving intact three rulings rejecting challenges to federal and state laws.

The court’s decision not to hear the cases represented a loss for gun rights advocates, including the National Rifle Association, which was behind two of the challenges.

The first case involved a challenge by the NRA to a Texas law that prevents 18-20 year olds from carrying handguns in public. It also raised the broader question of whether there is a broad right under the second amendment to bear arms in public.

The second NRA case was a challenge to several federal laws and regulations, dating back to 1968, that make it illegal for firearms dealers to sell guns or ammunition to anyone under 21.

The third case was on the narrow question of whether consumers have the legal right to challenge laws that regulate the sale of firearms. The challenge to a federal law that restricts the interstate transport of guns, and a related Virginia law, were filed by several District of Columbia residents who wished to obtain guns via neighboring Virginia.

The court has yet to decide whether there is a right to carry guns in public, a question left unanswered in its two most recent gun-related decisions. In the 2008 District of Columbia vs Heller case, the court held that the second amendment guaranteed an individual right to bear arms. Two years later, in McDonald vs City of Chicago, the court held that the earlier ruling applied to the states.

The court also said it will not block Virginia from retrying an accused drug dealer, whose earlier capital murder conviction was set aside because of misconduct by prosecutors.

The justices rejected an appeal by Justin Wolfe, who said the prosecutors’ misdeeds were so serious that they precluded a fair second trial. A federal judge agreed with Wolfe and had ordered his immediate release, but the federal appeals court in Richmond, Virginia said the new trial could be held fairly. Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.

Article referred: http://www.theguardian.com/law/2014/feb/24/supreme-court-gun-rights-nra-new-cases

Comments

Most viewed this month

Appellate authorities under Special Statutes cannot be asked to condone delay

Madras High Court in R.Gowrishankar vs. The Commissioner of Service Tax has held that Appellate authorities cannot be asked to condone the delay, beyond the extended period of limitation A Division Bench comprising of Justices S. Manikumar and D. Krishnakumar, made this observation while considering an appeal filed against Single Bench order declining to set aside the order made in the condone delay petition filed by the petitioner to condone 223 days in filing the appeal before the Commissioner of Service Tax (Appeals). Article referred: http://www.livelaw.in/appellate-authorities-special-statutes-cannot-asked-condone-delay-beyond-extended-period-limitation-madras-hc/

'Seize assets to pay damages to accident victim'

Her story might be an inspiration for the physically challenged but justice has remained elusive for her. In 2008, a bus accident left research engineer S Thenmozhi, 30, paraplegic. In April 2013, the motor accident claims tribunal directed the Tamil Nadu State Transport Corporation (TNSTC) to provide her a compensation of 57.9 lakh. However, TNSTC refused to budge and on Tuesday a city court ordered attaching of movable assets of the transport corporation. Thenmozhi was employed in C-DOT, a telecom technology development centre in Bangalore. On July 21, 2008, she was coming to Chennai in a private bus. Around 2am, the bus had a flat tyre and the driver parked it on the left side of the road near Pallikonda in Vellore district on the Bangalore-Chennai highway. While the tyre was being changed, a TNSTC bus of Dharmapuri division hit the stationary bus. The rear part of the bus was smashed and passengers were injured. Thenmozhi who had a seat at the back of the bus suffered...

Mumbai ITAT rules income of offshore discretionary trust is subject to tax in India

The Mumbai Income Tax Appellate Tribunal (ITAT) has recently determined the following issue in the affirmative in the case of Manoj Dhupelia: Should the income of an offshore discretionary trust be subject to tax in India, if no distributions have been made to beneficiaries in India? The question arose from appeals filed by individual beneficiaries in relation to a Lichtenstein-based trust, the Ambrunova Trust and Merlyn Management SA (the Trust) with the ITAT. It is important to note that the individuals in this case were amongst those first identified by the Government of India (GOI) as holding undeclared bank accounts in Lichtenstein. The ITAT ruling raises the following issues: Taxation of Trust Corpus: ITAT classified the corpus of the trust as "undisclosed income" and declared it taxable in the hands of the beneficiaries. Taxation of Undistributed Income: ITAT refused to draw a distinction between the corpus and undistributed income from the trust and declared i...