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To: neverdem
Heller dealt only with federal law. In order to decide that the Second Amendment applies to the states, SCOTUS will have to overturn some previous decision that say that it doesn't, possibly using the "privileges and immunities" clause of the 14th Amendment rather than the due process clause.

Article here.

5 posted on 10/06/2009 1:22:41 PM PDT by firebrand
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To: firebrand; Beelzebubba
Heller dealt only with federal law. In order to decide that the Second Amendment applies to the states, SCOTUS will have to overturn some previous decision that say that it doesn't, possibly using the "privileges and immunities" clause of the 14th Amendment rather than the due process clause.

My question is does it have to be under one clause or the other? Could it be both? I also want it under the due process clause for those folks unjustly bounced from NICS system when attempting to buy a firearm. Remember Ted Kennedy being bounced from the no fly list.

BTW, Gura is going to argue both clauses.

The Supreme Court Takes on Guns, Again - Heller lawyer Alan Gura revived the Second Amendment Can he do the same for the 14th?

450 Mayors Petition Obama To Adopt Broad Gun Reform

And federal prosecutors should more aggressively prosecute people who fail the background check, the study says. In 2005, the FBI referred 67,713 cases to the ATF, but federal prosecutors pursued only 135 of those cases.

This might not be such a bad thing for those being unjustly denied their rights. This could come back to haunt the gun-grabbers since SCOTUS said it was an individual right and the feds are denying it. Thanks for the link.

11 posted on 10/06/2009 2:00:15 PM PDT by neverdem (Xin loi minh oi)
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