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To: neverdem
Since Miller, the Supreme Court has addressed the Second Amendment in two cases: In Burton v. Sills, (1969), the Court upheld New Jersey's strict gun-control law, finding the appeal failed to present a "substantial federal question." And in Lewis v. United States (1980), the Court upheld the federal law banning felons from possessing guns, finding no "constitutionally protected liberties" infringed by the federal law, according to the Brady Center."

I just noticed this mendacity. Neither of those was a second amendment ruling. The first was the "not incorporated" dodge, the second was merely saying that taking away rights of convicted felons does not violate their rights. They can have many of their right restricte, infringed and violated in their entirety, according to the Court.

Now I don't fully agree with either ruling. The history of the 14th amendment clearly indicates it was intended to apply the Bill of Rights, most especially the Second Amendment, so it should invalid New Jersey's draconian gun laws.

Secondly, WRT Lewis, while felons most certainly can be deprived of rights, it must be done via individual due process, not as an ex post facto law covering all felons, regardless of their crime, when they had been convicted, whether they had completed their full sentence, etc, etc.

262 posted on 06/07/2006 9:07:13 PM PDT by El Gato
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To: El Gato

Good catches, I'm surprised the thread is still going.


263 posted on 06/07/2006 9:33:17 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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