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To: El Gato
Is that possible if the SCOTUS rules in favor of the 2nd Amendment? I guess it will depend on the strictness of the holding. IF they rule broadly and incorporate, all bets and pretty much all gun laws are off. I'm guessing that they won't do this as a level of societal protection. But could it go that way, in your opinion?
9 posted on 12/14/2007 6:46:55 PM PST by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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To: ExSoldier
F they rule broadly and incorporate, all bets and pretty much all gun laws are off. I'm guessing that they won't do this as a level of societal protection. But could it go that way, in your opinion?

Not in the case before the court. The best those of us outside of DC can hope for is that the Supreme Court declares the right to be an individual one. They probably won't even rule exactly who may not infringe upon it, but by implication if DC, a creature of the federal government, can't then neither can the federal government. Then someone will have to get a case involving the NFA into the system, and up to the Supreme Court, before the nail can driven in it's coffin. Of course that effort can proceed in parallel with efforts to get the "shall not be infringed" to apply to the states through the 14th amendment, either it's due process or "privileges and immunities" clause. Although a fight in the state courts would seem more likely, with the argument being that the right protected by the state clause *must* be an individual one as well. (Of that is the case anyway, the states wouldn't be barred from disarming their own militias, as militias, that just doesn't make any sense, although I think state courts *have* ruled that way).

10 posted on 12/14/2007 10:00:57 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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