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To: drpix
drpix quotes: "... subject to reasonable restrictions designed to prevent possession by unfit persons or to restrict the possession of types of firearms that are particularly suited to criminal misuse."

Fortunately, the courts have already worked out the logic used to protect rights. "Reasonable restrictions" is not among those terms, as far as I know.

Instead, the courts use "strict scrutiny" and "compelling government interest". Most of the laws on the books fail these tests.

We may disagree whether there is a penumbra of a right to privacy which permits killing of the unborn. But at such time as the Supreme Court rules that there is a fundamental right of the people to keep and bear arms, the legal limitations will have to be pared back to a minimum.

The burden of proving the legality of a gun control law will shift to the government. Such laws will have to accomplish, not just promise, a compelling government interest. The law must touch as lightly on the right as is possible.

Requiring the purchase of a $200 tax stamp before being allowed to possess a short-barreled shotgun, for example, would be eliminated. There can be no justification to tax the exercise of a right to keep and bear such a firearm. The ease with which a criminal might create such a weapon makes it obvious that there is no compelling interest that would justify attempting to license them.

47 posted on 11/21/2007 2:31:10 PM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: William Tell; epow
Remember, I'm just trying to predict the SCOTUS decision and not giving my opinion or looking for FReepers' personal interpretation of the Constitution.

Notice "reasonable restrictions" was the phrase used by Olsen - who argued countless cases before SCOTUS (including Bush v. Gore for the 2000 election) . I also quoted Olson because he has many connections to the very Conservatives on the Court who we hope will give us history's 1st invalidation of a firearm regulation on 2nd Amendment grounds.

I've read of SCOTUS decisions allowing what the Court called "reasonable restrictions" on other individual rights... such as Miranda warnings under the 5th Amendment, and free speech under the 1st Amendment (when it involves incitement, fighting words, government employees etc..).

I'm not a lawyer, so tell me - even if it rules firearms an individual right - what prevents SCOTUS from seeing that 2nd Amendment right similarly? And considering that the swing vote will be Anthony Kennedy, what makes you think the majority decision will not concede "compelling government interest" to deal with "reasonable restrictions"?

For those reason, I did not predict a total rollback of all regulations. I saw a decision resting on "reasonable restrictions" of an individual right... which would be a step in the right direction, that depending on Anthony Kennedy can be small or large.

BUT like they say "Past performance is no guarantee of future results."

What indications do you see for more than that?

50 posted on 11/23/2007 3:42:54 AM PST by drpix
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