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To: 1010RD; BuckeyeTexan
Thanks SCOTUS. What’s the thinking here.

The NRA made a big deal over these cases-- understandably, because it's the named plaintiff in two of the three-- but they actually weren't that significant compared to other 2nd Amendment issues that are out there, and there isn't much split in the lower courts.

The two NRA cases are both out of the 5th Circuit (one of the more conservative federal appeals courts, covering MS, LA & TX), and both involved state laws that limited gun rights of people under 21. The NRA argued that the cutoff should be 18, not 21, but it's hard to see that as a Second Amendment issue as opposed to a rights-of-minors issue.

The third case was similarly decided in the lower courts on standing grounds, not on Second Amendment grounds. (The question is who is the correct party to challenge the laws about mail-order shipment of firearms.)

There is a much bigger set of Second Amendment cases moving through the lower courts now, which I predict will get decided by SCOTUS. That is whether the Second Amendment protects the right to carry a gun outside your home and, if so, whether it protects open carry, concealed carry, or both. The lower courts are split several ways on this issue. (The most recent decision was by the 9th Circuit, which said that cities must allow either open or concealed carry; they can ban one but not both.) That issue is too big for the Court to duck, and the split in the lower courts is one it will have to resolve-- probably in the Oct. 2014-June 2015 Term.

30 posted on 02/24/2014 8:30:45 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Excellent and thanks. Your clarification is what I love about FR. It’s hard to sort out the truth.


33 posted on 02/25/2014 5:24:34 AM PST by 1010RD (First, Do No Harm)
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To: Lurking Libertarian; Joe Brower
The most recent decision was by the 9th Circuit, which said that cities must allow either open or concealed carry; they can ban one but not both.

I can't help but wonder, if that case was done under the 9th Circuit on purpose?

Given the 9th's reputation of being the most-often-overturned court in the land, the decision may have been deliberately set up to fail. Knowing that SCROTUS would reflexively overturn anything the 9th sends them...

38 posted on 02/25/2014 7:53:11 AM PST by Old Sarge (TINVOWOOT: There Is No Voting Our Way Out Of This)
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To: Lurking Libertarian

You know, I noticed that the NRA was a petitioner in two of the cases and wondered if that had any bearing on the Court’s denial.

I Know, I know. One cannot presume anything from a denial. Yes, sensei. ;p


41 posted on 02/25/2014 9:43:05 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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