How could SCOTUS decide against carry and strict scrutiny? - THR

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Old Today, 02:12 PM   #1
Join Date: October 21, 2005
Posts: 2,490
How could SCOTUS decide against carry and strict scrutiny?

I believe that most pro-2nd Amendment people believe that there is very little chance of SCOTUS denying that the 2nd Amendment allows carry outside the home.

The 2nd Amendment states:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”

Nowhere does the 2nd Amendment say "within the home" and no other Constitutionally protected right is restricted to the home. So, I'm wondering what argument could be used against carry outside of the home. I think most anti's have used the safety of the public reasoning.

I was also wondering if SCOTUS takes on a carry outside of the home case and rules in favor of carry outside the home, does that make it automatically then need strict scrutiny applied to it?

1.) What would a SCOTUS ruling defining the 2nd Amendment as only pertaining to inside the home say? What argument would they use?

2.) If SCOTUS does rule that the 2nd Amendment applies to carry outside the home does that automatically apply strict scrutiny to it from then on?

3.) Do you think a SCOTUS ruling on a 2nd Amendment carry case would have the same judges from Heller v. DC voting the same way pro/anti 2nd amendment as they did previously or do you think we would gain some or lose some for the 2nd Amendment?

Last edited by usmarine0352_2005; Today at 02:22 PM.
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