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To: Cboldt

“Heller”

Thank you. I’m not familiar with it, but I will read it.


198 posted on 08/12/2014 10:04:56 PM PDT by moehoward
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To: moehoward
"Heller" is the case that found the RKBA to attach to individuals. Well, again found it. 5-4 decision, the usual suspects. Scalia wrote the majority opinion, which uses the following logic: If an unconstitutional law is in effect for long enough, it becomes constitutional. This is used to uphold the 1986 FOPA and other bans on civilian possession of firearms.

There is a "Heller II" as well, same plaintiff sought to invalidate the DC ban on assault weapons and "large capacity" magazines. That case was decided by the DC Circuit, finding that bans on assault weapons IS constitutional. Heller sought review from SCOTUS. SCOTUS declined to take up the case. Eventually, bans on assault weapons and large capacity magazines will be "long standing."

District of Columbia v. Heller, 554 U.S. 570 (2008)
Heller v. District of Columbia (D.C. Circuit 2011)

209 posted on 08/13/2014 2:45:07 AM PDT by Cboldt
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