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To: Dan from Michigan
Call it the triumph of hope over experience, but I'm guardedly optimistic, too.

The Second Amendment is long overdue for a clarifying SCOTUS ruling, one way or the other. The legal "meaning" of that amendment has, if you'll pardon the pun, hung fire for far too long in the courts (though it's perfectly clear to me). Now there is a conflict between two federal circuits--the Supreme Court almost has to step in. If a majority of the court rules correctly on a Second Amendment issue--i.e., for the "individual right" that the amendment plainly confers on citizens--then the precedent has been set, and the gun control movement is out of business for the foreseeable future.

6 posted on 09/15/2005 7:20:49 PM PDT by A Jovial Cad ("It has been my experience that folks who have no vices have very few virtues." -Abraham Lincoln)
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To: A Jovial Cad
Right now, even though there's a conflict between the circuits, there's no pending case SCOTUS can rule on. SCOTUS denied certiorari in Emerson and this dialog shows there's no indication that certiorari was filed for in the Ninth Circuit case. That means we'll have to wait for another case to work its way up through the circuits.

A slightly favorable thing about Roberts is that he did say the Miller court side stepped the individual vs. collective right issue. The gun grabbers have long been saying Miller stood for the collective right interpretation of the Second Amendment.

98 posted on 09/16/2005 6:40:17 AM PDT by libstripper
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To: A Jovial Cad
The Second Amendment is long overdue for a clarifying SCOTUS ruling

I agree, let's overturn all these unconstitutional state and local restrictions on ownership and concealed carry.

109 posted on 09/16/2005 7:16:18 AM PDT by 1Old Pro
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