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To: CurlyDave

The Heller decision left plenty of room to restrict firearms in multiple ways. Incorporation doesn’t prohibit that. It merely states the municipalities and states cannot restrict your right to keep and bear arms. However, Heller leaves plenty of running room to say how those firearms and ammunition can be regulated.


44 posted on 04/25/2009 6:27:23 PM PDT by saganite (What would Sully do?)
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To: saganite
The Heller decision left plenty of room to restrict firearms in multiple ways. Incorporation doesn’t prohibit that. It merely states the municipalities and states cannot restrict your right to keep and bear arms. However, Heller leaves plenty of running room to say how those firearms and ammunition can be regulated.

The actual results of Heller in DC, the only place where it has had more than a few days of experience, is that DC defined semi-auto handguns as machineguns, just like this article says Mass wants to do. That was struck down by the Supremes. Score one point against regulation.

The $250k insurance policy will immediately be struck down as adding a financial burden to the exercise of a fundamental right.

The training requirements will probably be found to be overly burdensome on a fundamental right, maybe OK though.

One per month will probably be overly burdensome on some, like military who are out of the state for extended periods of time.

Just about the only thing that might be OK is microstamping the primer as long as it does not raise the price of the weapon too much. That is the least of my worries, unless I am a criminal. If I use the weapon in self-defense, I am going to report it anyway. If I use it fighting against tyranny, the stamping is easily defeated.

But, all of this rests on incorporation. In many ways I wish the 9th circuit had not incorporated the 2A. The Supremes hinted that they would have and if all we have to work with is a large number of circuit-court decisions in our favor, an Obama SC can overrule these in the future. If we get a real SC incorporation, then we are good for at least 50 years. The SC takes a long time to reverse decisions it has made.

66 posted on 04/25/2009 8:52:50 PM PDT by CurlyDave
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