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To: WhiteCastle

What foreign law was cited as a basis for this case?


2 posted on 06/04/2009 11:48:33 AM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: pnh102
United States Supreme Court precedent, Presser.

SCOTUS in Presser v. Illinois: "... the states cannot, even laying the [second amendment] out of view, prohibit the people from keeping and bearing arms ..."

2nd Circuit, in Bach v Pataki: "Presser stands for the proposition that the right of the people to keep and bear arms, whatever else its nature, is a right only against the federal government, not against the states." cert. denied, 546 U.S. 1174 (2006) [SCOTUS declined the opportunity to correct]

Kind of like how Scalia, in Heller, said the Miller case supports the constitutionality of the 1934 NFA (for want of a factual finding (short barrel shotgun is useful for defense) the Miller case would have found the 1934 NFA to be unconstitutional)

14 posted on 06/04/2009 12:31:46 PM PDT by Cboldt
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