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[email protected] SL8_78@YAHOO.COM is offline
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Default OT - Second Amendment Showdown -- The Supreme Court has ahistoric opportunity to affirm the individual right to keep and bear arms

On Dave Hinz wrote:
Gerry wrote:

[...]
Or the chance to totally screw it up with a fu'd decision like they
did with emminant domain a year ago.


What, decide that it's a state issue and no a federal one? I don't
think there's any chance of that.


Well, until the Second is incorporated under the Fourteenth, that's
largely the way things stand now. The Feds have some gun control in
effect (passed and/or upheld under their tax and interstate commerce
authority), but so far they've demonstrated a "hands off" attitude
regarding State/local restrictions. Look at Morton Grove.

Since the appellant isn't a resident of a State, I'd think that the
Supremes could easily avoid the incorporation issue, leaving the
States free reign to pass their own gun control legislation, but still
setting a precedent for DC and the territories.

SCOTUS doesn't always adhere to doctrine of deciding their cases as
narrowly as possible (IMHO), so I think that this case in particular
is something of a crap shoot, with regards to implications for most of
the country.

That said, I think that there's a fair chance that they will address
incorporation. A lot of people think that it's long overdue and I
think that that includes some of the Justices.

Slater