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To: Sender
My question for dicussion:

If the USSC overturns this 9th circuit decision, by finding that the 2nd is a right of individuals, can they rule in a manner that narrowly restores the rights of Californians without also overruling the various import bans, the 1986 law that halted production of civilian-ownable machine guns, and even the NFA of 1934?

Or is there a way that the supremes could overrule the 9th without going this far?
62 posted on 12/06/2002 12:57:24 PM PST by Atlas Sneezed
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To: Beelzebubba
My lay opinion is that the USSC could rule that the 2A is indeed an individual right, yet subject to "reasonable restrictions" as John Ashcroft puts it. I can't imagine that the court would say that individuals have an unlimited right to own any kind of weapon without being subject to beaurocratic regulations, not even in my wildest dreams (okay, that is what happens in my wildest dreams) but at least I can hope that the fundamental meaning of the 2A as an INDIVIDUAL RIGHT TO POSSESS ARMS will be established. When that happens, look for the SOreLoserman crowd to go off the handle, big time. Stolen election, radical wingnuts, yada yada yada.
63 posted on 12/06/2002 2:36:57 PM PST by Sender
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To: Beelzebubba
the 1986 law that halted production of civilian-ownable machine guns,

Interesting part of the Question. You might want to read U.S. v. Rock Island Armory from 1991.

This is a 1991 District Court decision: Since its passage in 1934, the registration, taxation, and other requirements of the National Firearms Act ("NFA") have been upheld by the courts under the power of Congress to raise revenue. (Footnote 5) However, 18 U.S.C. sec. 922(o), which became effective on May 19, 1986, prohibits possession of machineguns, and thereby repealed or rendered unconstitutional the portions of the National Firearms Act which provided for the raising of revenue from the making, possession, and transfer of machineguns made after such date. As the government conceded at oral argument, the United States refuses to register or accept tax payments for the making or transfer of machineguns made after 1986. (Footnote 6) Thus, sec. 922(o), as applied to machineguns made after May 19, 1986, left the registration and other requirements of the National Firearms Act without any constitutional basis.

80 posted on 01/08/2003 10:24:46 AM PST by lepton
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