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What individuals think is appropriate is irrelevant. Nor is what Congress thinks is appropriate relevant to the scope of the individual right to bear arms, because Article I Section 8 is not a limitation on the 2nd Amendment, but a grant of federal power over the militia. What matters is what...

I think there is a point being lost in the legalese. We know that for the most part, the militia = the people. But legally speaking, the militia and the people are not the same entity, and that distinction matters. When Mr. White says that Congress has the power to arm--or disarm--the...

Very nice shots, Templar. Found this one at the Daily Herald:

IGOLD was a great time! This was my first attendance at a major political rally. Last year we had about 2,500 people. This year, estimates were around 5000+. It was very well organized. The ISRA and county-based gun organizations leased busses from all over the state, and got permission...

This is a really interesting case. The way I see it right now, our biggest worry has to be the circularity problem in Heller concerning common use. We have to make sure we get a follow-up case that defines common use more clearly, and in such a way as to eliminate the circularity problem...

Chicago Tribune: http://www.chicagotribune.com/media/cartoon/2008-06/40464252.jpg

Don't forget that Emerson treated the 2A as an individual right, but the 5th Circuit managed to find that the restraining order was sufficient due process to incapacitate Emerson from exercising it. Heller doesn't change that outcome. That isn't to say though, that another circuit or SCOTUS...

BUT

Yeah, I think that's a more accurate way to put it. If a local ban elsewhere gets struck down, it will apply to theirs to. The avalanche has already started, it is too late for the pebbles to vote.

My guess is that licenses are going to end up being OK. The reason is that it isn't much of a restriction... you fill out the paperwork, pay the fee, and you get the license. The impact on your ability to keep and use a weapon for lawful purposes is minimal. However, if, as part of the...

Suspending enforcement will prevent any challenge to the ban from being ripe. They're protecting themselves from having the ban overturned.

I don't think we're going to see a push for new "reasonable" restrictions. Let's face it, those restrictions that were going to pass after the ruling, were already passed before the ruling. There might be some "damage control" laws passed in jurisdictions where bans are being stricken down...

Hi, everyone! I'm a recent law school grad living in Indiana, although originally from Illinois (yeah, ick). I found out about THR from Oleg's page, which I probably first visited a decade ago but come back to now and then. During my undergrad years, I was associated with the ACLU, NRA...