Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: publiusF27
"I don't see why not"

So, in your opinion, the RKBA in the second amendment can be declared an individual right, but not declared a fundamental individual right?

If that's the case, then the strict scrutiny test cannot be used; at least the way I read it.

1,074 posted on 11/17/2007 7:11:04 AM PST by robertpaulsen
[ Post Reply | Private Reply | To 1070 | View Replies ]


To: robertpaulsen

No, you misunderstood. I think it might be declared that the 2a protects a fundamental right, and it might be incorporated and used against state gun control laws, and I really don’t see what would be so bad about that.

It’s true that future rulings could also validate state and federal gun control laws, but isn’t that already happening? To ask the question another way, when was the last time someone successfully mounted a 2A challenge to any law? It hasn’t happened, and won’t any time soon, unless the Heller case changes things.


1,076 posted on 11/17/2007 7:20:05 AM PST by publiusF27
[ Post Reply | Private Reply | To 1074 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson