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To: gieriscm
DC is asking the USSC to slap them again.

Maybe, maybe not. If DC had had the proposed law in place rather than an outright ban, it's doubtful that Heller would have gone to the Supreme Court and even if it had the SC probably would have upheld it. Remember that 4 of the 9 judges felt that an outright ban on guns did not infringe on the right to keep and bear arms and that 2 of the other 5 seemed somewhat lukewarm in their support of gun rights.

I'm guessing that this proposed new law will be approved by the council and probably upheld by the courts, but even though it is an abomination and an infringement on the rights of the residents of DC, we're still moving in the right direction. Gun owners there will have more rights under the law than they did a few short months ago and if we get McCain elected and a couple more moderate to conservative justices on the SC, then maybe we can get a few more victories.

As I see it, the legacy of Heller will be to get rid of the outright gun bans in places like DC, NYC and Morton Grove. We'll still have to fight some more battles before we can get rid of the other illegal gun laws out there.

10 posted on 09/16/2008 12:13:38 PM PDT by elmer fudd (Fukoku kyohei)
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To: elmer fudd

It IS much better than whan they did after Heller.


13 posted on 09/16/2008 12:43:56 PM PDT by patton (cuiquam in sua arte credendum)
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To: elmer fudd
Maybe, maybe not. If DC had had the proposed law in place rather than an outright ban, it's doubtful that Heller would have gone to the Supreme Court and even if it had the SC probably would have upheld it.

You may be right, but it didn't work that way, and now we do have Heller.

Part of Heller was the dicta that "arms in common use" could not be banned. Modern semi-autos are in common use, and now that the AWB is dead, they are all sold with high capacity magazines. This puts high capacity magazines in common use, and banning them comes right up against Heller.

Also, the way I think the court was leaning is that carry bans are not going to fly. While being couched in terms of where one can carry, the the places omitted as being out of bounds for carry are many. Just wait until that comes to the Supremes.

I suspect that carry is going to be the area where a case will come to the SC and Heller will be incorporated against the states. The liberals are going to reluctantly give up on their bans on possession at home, but they will fight carry to the ends of the earth. As I see the 2A, "keep" and "bear" are co-equal.

19 posted on 09/16/2008 1:20:03 PM PDT by CurlyDave
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