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Old 01-26-2013, 02:36 PM   #61
jettio jettio is offline
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Quote:
Originally Posted by alnorth View Post
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we need a militia, individual people have to have arms", and that it doesn't matter if we think the need for a militia is obsolete since we have professional standing armies, thats what the constitution says.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.
You may be right that there can not be laws that make it practically impossible to transport otherwise legally possessed firearms. There is a recent 7th Circuit decision that said that Illinois and Wisconsin need to rewrite their laws regarding carrying weapons.

But as far as regulations regarding background checks, closing gun show loopholes, banning certain weapons and magazines based on characteristics, I think those laws would always be found constitutional under whatever standard of review is ultimately announced.
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