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Joined: Nov 2005
Posts: 10,282
Campfire Outfitter
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OP
Campfire Outfitter
Joined: Nov 2005
Posts: 10,282 |
The older I become the more I am convinced that the voice of honor in a man's heart is the voice of GOD.
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Joined: Jan 2002
Posts: 12,864 Likes: 5
Campfire Outfitter
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Campfire Outfitter
Joined: Jan 2002
Posts: 12,864 Likes: 5 |
Someone with a legal mind: How does that jibe with Bruen?
Sic Semper Tyrannis
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Joined: Jun 2004
Posts: 910
Campfire Regular
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Campfire Regular
Joined: Jun 2004
Posts: 910 |
Not a lawyer but Bruen requires 2A cases to be determined by the text, history and tradition during the period of 1791-1868. Plus the burden is placed on government to show how it conforms to same rather than it being the burden of the citizens to defend against the infringement.
NRA Benefactor Member
"When democracy turns to tyranny, the armed citizenry still gets to vote!"
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Joined: Jun 2004
Posts: 910
Campfire Regular
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Campfire Regular
Joined: Jun 2004
Posts: 910 |
Previously 2A cases were usually determined by a two step approach where the supposed possible harm to the population was weighed against the right under the constitution. Justice Thomas said that this was one step too many.
NRA Benefactor Member
"When democracy turns to tyranny, the armed citizenry still gets to vote!"
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Joined: Jun 2004
Posts: 910
Campfire Regular
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Campfire Regular
Joined: Jun 2004
Posts: 910 |
SCOTUS ruled that this two step approach was no longer valid in determining 2A cases as the framers already took in to account the possible repercussions at the time they wrote the amendment.
NRA Benefactor Member
"When democracy turns to tyranny, the armed citizenry still gets to vote!"
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Joined: Jun 2004
Posts: 910
Campfire Regular
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Campfire Regular
Joined: Jun 2004
Posts: 910 |
Now the problem is that some states and municipalities are butthurt about Bruen and they are on a retribution campaign. The issue on our side to fight this is in finding litigants that have actual standing that the court will recognize. We are learning how to play the game and will eventually prevail on most all 2A cases as I see it. Eventually the SCOTUS will get tired of lower courts that do not follow their directive. The anti gun crew is stalling by using the courts. They may want to change scotus by packing the court to their advantage. That’s their only Hail Mary as I see it. They will never be able to change or repeal the 2A.
NRA Benefactor Member
"When democracy turns to tyranny, the armed citizenry still gets to vote!"
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