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To: Bill Dupray

Scalia did not say that all bans were unconstitutional, but from his decision (and I haven’t read it for awhile) it would seem that the ban would have to at least pass the rational basis test (which an assault weapon ban can not pass) - or possibly would have to pass the test of there being no rational reason for ownership of the weapon -(this is based on Scalia’s justification for why US v. Miller still stands).


10 posted on 12/05/2008 8:00:57 AM PST by bone52
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To: bone52

He also said that they can’t ban M16s because that would sever the 2ndA’s preamble. ...so, let’s push a case to end the ban on M16s!


43 posted on 12/05/2008 9:23:36 AM PST by ctdonath2 (I AM JOE THE PLUMBER!)
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