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To: ctdonath2
I really think the 4 conservatives will uphold a general individual right under the 2nd Amendment, but they will have to fight off Breyer's "purposes and outcomes" argument to get Kennedy on board.

I am quite grateful that D.C. passed such a draconian gun ban, since it really gives us facts that are just ripe for a favorable ruling. What would stink is if somehow a ban on machine guns was being challenged based on the 2nd Amt. RKBA.

My main point is that the facts in this case really give us our best chance of winning.

257 posted on 07/17/2007 2:15:50 PM PDT by Clump (Your family may not be safe, but at least their library records will be.)
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To: Clump
What would stink is if somehow a ban on machine guns was being challenged based on the 2nd Amt. RKBA.

Why? Even the Miller ruling on the National Firearms Act implies that keeping and bearing militarily useful weapons is exactly what is protected. No military, certainly not ours, our major allies' nor our major adversaries', issues semiautomatic long guns, they all issue select fire weapons, i.e. machine guns, and in some cases submachine guns.

Oh, you mean because of the internal politics of the Court, not the logic, precedent or other aspects of the rule of law.

Never mind. :(.

262 posted on 07/17/2007 4:21:35 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Clump
What would stink is if somehow a ban on machine guns was being challenged based on the 2nd Amt. RKBA.

Stink? Why? Once Parker is resolved within the year, I fully expect to see exactly such a case pursued in short order.

329 posted on 07/18/2007 6:50:41 PM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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