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Seems like the Federal Government does not have absolute authority in regulating firearms, esp. as far as the 10th amendment is concerned.

What are your thoughts? Could individual states pass laws that would allow their citizens to own so-called 'assault weapons' and 'high capacity' magazines?

Part of Justice Thomas opinion:

If, however, the Second Amendment is read to confer a personal right to "keep and bear arms," a colorable argument exists that the Federal Government's regulatory scheme, at least as it pertains to the purely intrastate sale or possession of firearms, runs afoul of that Amendment's protections. [n.2] As the parties did not raise this argument, however, we need not consider it here. Perhaps, at some future date, this Court will have the opportunity to determine whether Justice Story was correct when he wrote that the right to bear arms "has justly been considered, as the palladium of the liberties of a republic." 3 J. Story, Commentaries §1890, p. 746 (1833). In the meantime, I join the Court's opinion striking down the challenged provisions of the Brady Act as inconsistent with the Tenth Amendment.

Didn't the Heller case establish that the 2nd amendment is a personal right?

1 posted on 01/10/2013 11:01:04 PM PST by smokingfrog
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To: smokingfrog

McDonald v. Chicago, 561 US 3025 (2010), is a landmark[1] decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states. The Court held that the right of an individual to “keep and bear arms” protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.


2 posted on 01/10/2013 11:19:36 PM PST by JoeProBono (A closed mouth gathers no feet - Mater tua caligas exercitus gerit ;-{)
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To: smokingfrog

3 posted on 01/10/2013 11:28:28 PM PST by Vendome (Don't take life so seriously, you won't live through it anyway)
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http://www.freerepublic.com/focus/f-news/2977062/posts


7 posted on 01/11/2013 7:14:47 AM PST by smokingfrog ( sleep with one eye open (<o> ---)
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