I think you nailed it Mike.
I would love to see strict scrutiny and incorporation. But neither of these things is essential to deciding the case so I'm betting that The Court will not go there just yet. But perhaps in some future case, say against Chicago and/or NYC.
Bush should have taken a strong position pro-RKBA and did not.
Ashcroft pretty much set the policy of the DOJ and the Executive Branch some years ago when he wrote the position statement that, in contrast with previous administrations' positions, that this administration regarded the 2A as...
There were no restrictions on carrying at the Annual Meeting held in Houston a few years back. This applied to the gun expo, the banquet, and the member's meeting.
I had a good time.
The Nuge was carrying 2 AR's at one point, and exhorting the crowd who had congregated around him to...
My instinct is that the decision will be issued very close to the last day of the term - maybe on the very last day.
I think it will go 5-4 in our favor, with strict scrutiny.
So we need a good Heller ruling more than ever. This would establish an individual rights interpretation as the law of the land, overriding any previous circuit court rulings to the contrary.
At that point, citing someone's 2nd Amendment rights, quoting from the Heller ruling, would always...
IANAL, but I do not believe there is any basis in law for a judge to prohibit anyone from making a reference to either the 2A or a state constitutional provision during a trial.
If an attorney believes his opponent is making an improper argument at any given time, he is perfectly free to...
Retention holsters reduce the concern.
Who says it's a "false notion"?
LEO's cannot be directly compared to non-LEO's. They mostly carry in retention holsters. They also tend to be trained in hand to hand combat and weapon retention techniques. As a matter of duty they are supposed to...
AZ is probably the most OC-friendly state in the USA.
Between Ruger, Gunsite, and the late Col. Cooper's legendary status, Prescott is probably the most OC-friendly city in AZ.
So it's no surprise that someone could OC there and not have any issues or negative reactions.
Enjoy!
If the buyer was not qualified to buy the gun due to age or some other attribute that the gun dealer would have known about if he followed all proper procedures, the gun dealer could be liable.
I am not aware of any federal law limiting the sales of (non-NFA) shotguns to people who are at...
This case is most likely going to be decided based on the limits of the constitutional ban on ex post facto laws rather than the 2A.
But every little bit helps.
In my view, the retroactive aspects of the Lautenberg amendment are clearly unconstitutional. And I would expect the current...
I guess this guy never heard of those two women who were murdered in Yosemite a few years back.
And given the almost zero crime rate associated with people with licenses to carry, where does he get off making the demonstrably false statement that the proposed rule changes will increase the...
You're close, but the real reason is that it is easier to blame guns than to state forthrightly that Chicago happens to be a place inhabited by a high proportion of violent scumbags.
It's not the guns of Chicago that are the problem. It is the large dirtbag population.
Almost every city...
With a correct Heller decision, 2A rights will be on the road to gaining the full constitutional protection that they should have had from Day One.
The constitution is the only thing that protects the minority from a tyranny of the majority, at least until the majority gets overwhelmingly...
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