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

To: robertpaulsen
For example, all cases concerning state firearm laws presented to the federal appellate courts were rejected since the second amendment wasn't incorporated and didn't apply to the states. With incorporation, all of those cases can be retried.

But if someone is going to the federal government asking for protection of second amendment rights, and gets turned away because there is no such federal protection, that's the end of the road. That's a good thing? I can go to the feds and say that my state is somehow violating my first amendment rights, and they might tell my state to cut it out. I can't go to the feds and say that my state is somehow violating my second amendment rights, because I only have the right to a pointed stick as far as the feds are concerned. Why would it be so terrible if we could attack state laws as infringements on the 2A? The cases can be retried, and the gungrabbers can lose.

2 against 10. Two say concealed carry is part of "to keep". Ten say it's not. It goes to the U.S. Supreme Court. Five justices decide for the whole country. I don't like the odds.

If I live in one of the ten, I'm already living under a collective/militia interpretation, meaning things really can't get worse. Roberts, Alito, Scalia, Thomas, and... who?

Kennedy. He respects sound scholarship, and the attorneys for Parker/Heller have done their homework. The 2A was intended to protect a fundamental individual right to keep and bear arms, and I think they should take the case and that our side can win that argument.
1,094 posted on 11/17/2007 10:02:32 AM PST by publiusF27
[ Post Reply | Private Reply | To 1092 | View Replies ]


To: publiusF27
"Why would it be so terrible if we could attack state laws as infringements on the 2A?"

It's not the attack. It's the result.

My point is that in 10 out of the 12 circuits you're attacking gun laws where the appellate courts are not friendly. They're going to rule against you.

Yes, you're no worse off. But now that Circuit Court is on record for that gun issue, and the U.S. Supreme Court will have to take that into consideration in the future when they make their decision on that issue.

"If I live in one of the ten, I'm already living under a collective/militia interpretation, meaning things really can't get worse."

Those ten had no say on the concealed carry issue. Those were state decisions, not federal.

But once incorporated, those concealed carry laws can be challenged in federal court.

1,096 posted on 11/17/2007 10:34:59 AM PST by robertpaulsen
[ Post Reply | Private Reply | To 1094 | 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