Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: William Tell
Could you clarify this claim? You make it sound as if any state law which has a "rational basis", would be allowed. What supports such a broad interpretation?

I never used the term "rational basis" that is your term. I said reasonable restrictions and that is supported by: McDonald v. Chicago, 561 U.S. 3025, 130 S.Ct. 3020 (2010

224 posted on 11/12/2011 12:21:17 PM PST by Prokopton
[ Post Reply | Private Reply | To 217 | View Replies ]


To: Prokopton
Prokopton said: "I said reasonable restrictions ..."

From the majority opinion in McDonald:
Municipal respondents therefore urge us to allow state and local governments to enact any gun control law that they deem to be reasonable, including a complete ban on the possession of handguns in the home for self-defense.

Neither Heller nor McDonald attempted to decide what level of scrutiny will be applied to laws which affect Second Amendment rights. But the request by Chicago to allow whatever Chicago thought reasonable was DENIED.

This doesn't mean that there won't be some restrictions; what I would call infringements. But it won't be the case that every "reasonable restriction" will be allowed.

236 posted on 11/12/2011 9:46:14 PM PST by William Tell
[ Post Reply | Private Reply | To 224 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson