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To: epow
-- Don't those two opinions conflict with one another? --

You noticed that? ROTFL. Yeah, they conflict all right. This very decision (Bach v. Pataki) was presented to SCOTUS for its consideration. Result? Cert. denied.

SCOTUS is not offended when the Circuits misread and misapply gun law. They sat idly by for 70 years while Circuit Courts turned Miller and Presser upside down. Then, when SCOTUS took up Heller's case, it turned it's own precedent, Miller, upside down.

And the NRA said "Whoopie! We won!"

Fargin' losers. They aren't even pissed off enough to educate the public about the legal travesty. They are playing footsie with an utterly corrupt federal court system; and saying "Thank you sir, may I have another."

108 posted on 06/04/2009 8:52:43 AM PDT by Cboldt
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To: Cboldt; Mojave
And the NRA said "Whoopie! We won!"

The NRA wasn't a party, except as amicus, to Heller. In fact they opposed the whole thing from the beginning, preferring legislative solutions. Right up until the end they tried to get Congress to overturn the DC gun laws so as to make Heller moot.

Of course they were also apprehensive that the Court would declare against a "right of the people" in favor of a "power of the states". So would Eric Holder, his associate Jamie Gorelick (she of the wall of separation tha got nearly 3,000 people killed) and their old boss Janet Reno, who argued, or signed on to a brief which argued

Properly understood, the Second Amendment does not prohibit a legislature from enacting a law that has neither the purpose nor the effect of interfering with a State’s operation of its militia in accordance with state and federal law.

Sounds a lot like the argument Mojave is making, doesn't it?

458 posted on 06/04/2009 5:40:21 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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