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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
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To: publiusF27
"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."

Ah. Then I did misunderstand.

As to "what's so bad about that", it's what I brought up before. I'm concerned how the U.S. Supreme Court will interpret "keep", "bear", and "arms" and what they will consider to be an infringement.

If some State Supreme Court or even some Federal Appellate Court makes a screwy ruling, the damage is limited. Another "penumba of an emanation" ruling by the U.S. Supreme Court concerning the second amendment would affect everyone.

"To ask the question another way, when was the last time someone successfully mounted a 2A challenge to any law?"

Nunn v. The State of Georgia, 1846, is the only one I'm aware of.

1,081 posted on 11/17/2007 7:44:15 AM PST by robertpaulsen
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