To: Dead Corpse
And once Heller is favorably decided, 922(o) will be taken down. Funny how RP never addresses that issue...he's all about "state militia members" having individual RKBA protected from federal infringement, yet here 922(o) prohibits them from having standard modern arms, and they can't do anything about the ban unless the state challenges it even though only citizens have rights, not states. Heck, earlier he basically admitted that his view means the 2ndA is meaningless. Not sure why he's around here arguing then...
312 posted on
10/22/2007 1:40:05 PM PDT by
ctdonath2
(The color blue tastes like the square root of 0?)
To: ctdonath2
"yet here 922(o) prohibits them from having standard modern arms, and they can't do anything about the ban unless the state challenges it even though only citizens have rights, not states.""The question presented at the threshold of Hickman's appeal is whether the Second Amendment confers upon individual citizens standing to enforce the right to keep and bear arms. We follow our sister circuits in holding that the Second Amendment is a right held by the states, and does not protect the possession of a weapon by a private citizen."
"Because the Second Amendment guarantees the right of the states to maintain armed militia, the states alone stand in the position to show legal injury when this right is infringed."
- Hickman v. Block, 81 F.3d 98 (9th Cir. 1996)
(my underline)
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