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Old 01-26-2013, 10:50 AM   #60
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Quote:
Originally Posted by jettio View Post
The opening post is a little too optimistic about Supreme Court rulings. The Heller and McDonald decisions were close decisions that only made it unconstitutional to completely ban handguns in the home.

I would be surprised if a majority of justices overruled many gun regulations. IIRC the Supreme Court has not been willing to announce the standard of review for gun regulations. Seems to me that is because the majorities in Heller and McDonald has one, two or three indecisive votes.

Do not be surprised if Kennedy almost always finds gun regulations constitutional. I think you should also not be so sure about Alito and Roberts finding many gun regulations unconstitutional.
I actually am optimistic that the court will overturn nearly every gun control regulation that people are freaking about now. When the SCOTUS said that their rulings did not mean that any person could have any arm, they likely meant crazy people, felons, and fully automatic weapons. I wouldn't be surprised if we eventually get a decision saying that concealed carry is a right. (keep and bear, not just keep)

They ruled that the 2nd amendment says "since we need a militia, individual people have to have arms", and that it doesn't matter if we think the need for a militia is obsolete since we have professional standing armies, thats what the constitution says. They did not take out a sharpie and cross out the whole militia clause and said "never mind about that", its in there as the justification for the 2nd amendment. Well, if thats the case, you need a damned good reason to ban high-cap magazines.

You also have to remember that even though the first amendment has limitations (the whole "can't yell fire in a crowded theater thing"), the fact that it has limitations doesn't change the reality that the supreme court has been absolutely fanatical about guarding the 1st amendment, to the point where when a law banning funeral protests, bans on some of the most depraved porno imaginable, or bans on children buying violent video games are all struck down, we all shrug and say "of course, thats about what we expected".

5 justices on the SCOTUS could very well be just as fanatical about guarding the 2nd. We just don't know yet, but I suspect they will be.
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