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To: Dilbert San Diego

Scalia did not say all gun regulations were unconstitutional, and that is the loophole through which the libs will try to ban semi-automatic weapons - if Obama keeps his promises that is. He seems to be getting more “pragmatic” about things now that he has won.


7 posted on 12/05/2008 7:51:48 AM PST by Bill Dupray
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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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