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To: newnhdad

Couldn’t anything they or he do, be challenged before the Supremes?


31 posted on 01/20/2020 6:35:45 PM PST by Jamestown1630 ("A Republic, if you can keep it")
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To: Jamestown1630
All of their 'new' gun law crap has already been addressed by the SCOTUS and rejected!

They are just ignoring it!

It is settled that the Second Amendment protects an individual right to keep and bear arms that applies against both the Federal Government and the States.
District of Columbia v. Heller, 554 U. S. 570 (2008);
McDonald v. Chicago, 561 U. S. 742 (2010).

District of Columbia v. Heller

Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment.

We do not interpret constitutional rights that way.

Just as the First Amendment protects modern forms of communications, and the Fourth Amendment applies to modern forms of search, the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.


McDonald v. City of Chicago

A case in which on June 28, 2010, the U.S. Supreme Court ruled (5–4) that the Second Amendment to the U.S. Constitution, which guarantees “the right of the people to keep and bear Arms,” applies to state and local governments as well as to the federal government.

We found the argument “that only those arms in existence in the 18th century are protected by the Second Amendment” not merely wrong, but “bordering on the frivolous.” Instead, we held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.”

Heller defined the “Arms” covered by the Second Amendment to include “‘any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.’”


33 posted on 01/20/2020 6:52:09 PM PST by justme4now (Falsehood flies, and the Truth comes limping after it)
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