The beauty of Heller (individual right) and McDonald (incorporation) is that we can now sue anywhere and set precident that affects everywhere.
I hope so. Fundamental right” which is McDonald’s language, hasn’t been turned into “strict scrutiny” yet. Soon I hope. It really can’t go any other way. Here’s a snippet from the DC Circuit in Heller 2 [Dick Heller goes back to court in DC cause the DC rules suck] ...
“this court joins numerous other courts in concluding that intermediate scrutiny is the appropriate standard of review ...As many courts have recognized, the Supreme Court did not explicitly hold that the Second Amendment right is a fundamental right,” [NB again this is all pre-McDonald]
“In sum, it is clear that the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty.” Opinion of the Court - McDonald majority
I need to go back and count how many times the Alito said “fundamental right” in McDonald - I bet it’s over 10.
No, we cannot:
We still need a plaintiff who can show him how an existing law affects him personally: someone who in New York City, for example, has tried to get a handgun ownership permit and who has been turned down.
Ah, the 2A returning to the "big apple"... bloomberg is probably crying in his Wheaties as we speak... So I'll have a smile on my face the whole day!
I love it... The 2A is gaining speed and you can bet the libs see the tidal wave coming, but there is no where to run... ;)