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I think it is true that oral arguments do not make much difference, but Gura also spent 90% of his brief on P&I. I thought Clement made a lot of solid arguments, which will make it harder for an intellectually honest judge to deny incorporation or apply a weaker RKBA to the states. Those...

The court is also hearing HUI V. CASTANEDA tomorrow, a case involving the Federal Torts Claims Act.

I'd like to enjoy my civil rights in the entire country, not just the sensible parts. That is why we have the 14th amendment.

I think bushmaster1313 is referring to US v. Dorosan, http://www.ca5.uscourts.gov/opinions/unpub/08/08-31197.0.wpd.pdf, wherein the court held that a postal employee could not keep a pistol in his car in the parking lot. The regulation in question, 36 CFR 232.1(l), applies to all persons, not...

Obviously the second amendment applies to arms, not weapons. What is an arm? The second amendment provides some limitiations: an arm must be something you can carry ("bear"). IIRC it was Pat Buchanan who said that if you don't need a jeep to tow it, it is protected by the second amendment.

I thought the NRA brief was excellent. I like how it first shows that the application of the right to keep arms is necessary given the history; the real question is what legal theory to use. It gives the justices three ways to rule in our favor, and presents them in the order of the...

Regarding the Virgin Utah ordinance, the Utah Attorney General thought it violated the state's preemption law.

I had the state revoke my concealed permit because some other guy with the same first and last name who at one point lived in my town had a domestic violence conviction. These kind of screw-ups happen, usually becuase the people who keep track of the data are lazy. It was pretty easy to clear...

I don't see that going anywhere. There may be a few judges on the Supreme Court that hate guns, but they love federal power even more. If the commerce in arms act was thrown out they would have to throw out thousands of other laws.

Heller didn't address whether the 2nd amendment applies to the states. The Supreme Court held in the 1833 that the bill of rights did not apply to the states. This does make some sense, given the language: "Congress shall make no law ..." Also some of the states at the time of the adoption...

oops

Scalia in the past has written that the second amendment should not apply to the states, but his opinion in Heller sounds like he has now seen the light. The Heller opinion makes it pretty clear that the one of the purposes of the 14th amendment, if not the primary purpose, was to protect the...

That postal regulation really sucks. I used to stick my pistol under the seat or something when I went in the post office, but that may not be good enough. Courts could decide that you are constructively carrying a gun when it is in your car (many states interpret "carry" this way), and...

In my state brandishing would get you felony charges.

There is no doubt that the glass was half-full with Nordyke. We won on incorporation but the court basically held that the RKBA does not apply on public property. A glass half full is not a full glass, but it is surely better than an empty glass. If we lost on the incorporation issue, we...

The 9th circuit, because it has so many judges (27?), does not have all of the judges hear cases en banc. The case is heard by 10 random judges, plus the chief. So although the circuit is known as fairly liberal, the panel could end up being quite conservative. It is kind of a crazy system...

I agree with what others have said about it being a good idea to pack less lethal alternatives. The pistol is a last resort.

Willo: Sadly, I don't think Californians will be able to get Utah permits to avoid California law. This law does not apply if you are in your own state. :( It would allow New Yorkers to get Utah permits for when they go to California though. That is odd.

Faitmaker: I appreciate your condescension when you say that I don't understand federalism. I think federalism is the concept that there are sovereign states and a sovereign federal government, each with their own sets of powers that are pretty mutually exclusive. Thus, there are certain...

Faitmaker: I'm sure you recognize that the consensus is that the 14th amendment was intended to 'incorporate' the amendments, and that the old Supreme Court precedents holding otherwise (Slaughterhouse, etc.) are dead wrong. I'm not saying that there is no evidence to the contrary or that...