kd7nqb
Member
Way to go, another reason he rocks.
His last deferement he took cause his wife was 10 months pregnant.
P. Plainsman
Senior Member
Join Date: 06-22-04
Location: Red America
Posts: 1,039
Quote:
those rulings wont apply to much outside of DC but will lead to lots of challenges of other states laws
Remember that Heller is basically about federal gun control. The Bill of Rights binds D.C. directly (without needing 14th Amdt. incorporation) because of DC's special status as a federal enclave.
Anything that SCOTUS's Heller opinion says that D.C. can't do, is thereby automatically something Congress can't do, either. Federal gun control statutes will become open to challenge under Heller anywhere in the country. (Notice I didn't say they'll all be struck down under Heller; just that citizens will be able to use the decision to bring challenges to federal gun laws regardless of where they live in the U.S.) This is why the ATF and the U.S. Solicitor General's Office are so freaked out.
But it will take another, distinct legal step -- incorporation of 2A through the 14th Amendment -- before the constitutional limits on gun control announced in the Heller decision (whatever they turn out to be) will also be extended to state and local gun laws.
If Heller wins, the logical next test case to bring up the issue of incorporation will be a challenge to Chicago's handgun ban -- basically a replay of Heller, but in Chicago.