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To: William Tell
"Compelling state interests" is one of the criteria of "strict scrutiny" if I recall correctly.

Yes, but only one of them. For the typc of scrutiny the DoJ says is appropriate for the second amendment, heightened security, it's the *only* one required.

170 posted on 01/14/2008 8:37:54 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato
El Gato said: "For the typc of scrutiny the DoJ says is appropriate for the second amendment, heightened security, it's the *only* one required."

I might have to read it again to comment confidently.

But I thought that the "reasonable regulation" claim was equivalent to "rational basis"; that is, the government need only show that there is a reason for the law. It isn't even necessary to show that the law would be effective.

"Compelling state interest" would at least create a burden on the state to demonstrate that the laws are effective. I'm certainly not aware of any felon who decided not to commit another crime because he couldn't get a gun. How would one prove that a waiting period was beneficial without considering both the cooling off effect, if any, and the effect of denying a person a needed weapon for days.

Even the machinegun ban fails, since the number of crimes committed prior to the ban on manufacture was miniscule.

177 posted on 01/14/2008 9:08:59 PM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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