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To: Mojave

yes, except you argue that a state can invalidate it with a new law. Because while you argue a fairly unusual point of view, a court today ruled Chicago can take away the right to own a gun. NRA wants THAT decision overturned, what is your solution? You don’t want it appealed, so you want it to stand in Chicago?


70 posted on 06/04/2009 7:05:40 AM PDT by DesertRhino (Dogs earn the title of "man's best friend", Muslims hate dogs,,add that up.)
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To: DesertRhino
except you argue that a state can invalidate it with a new law.

Not if their state constitution says otherwise.

75 posted on 06/04/2009 7:14:47 AM PDT by Mojave (Don't blame me. I voted for McClintock.)
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To: DesertRhino; Mojave
-- yes, except you argue that a state can invalidate it with a new law. Because while you argue a fairly unusual point of view, a court today ruled Chicago can take away the right to own a gun. NRA wants THAT decision overturned, what is your solution? You don't want it appealed, so you want it to stand in Chicago? --

He did NOT argue that the states were free to prohibit the people from keeping and bearing arms. You are inferring that. Likewise as to his desire about the condition of local law in Chicago.

The legal solution (which will not be forthcoming) is to properly read and apply the Presser case. There is a reason states may not prohibit keep and bear arms, but that reason is NOT the 2nd amendment. The RKBA does not flow to the people via the 2nd amendment, to be enforced or not at the pleasure of the feds. See scores of 2nd amendment cases (where the Circuits positively BLEW IT), cert. denied. SCOTUS is anti-RKBA.

The realpolitic solution hasn't been developed yet. I hope SCOTUS denies cert in the Nordyke/Maloney/Chicago cases, to further show their current hostility to the RKBA. That might cause some people to snap out of their stupor. If it doesn't, well, that's that.

76 posted on 06/04/2009 7:15:45 AM PDT by Cboldt
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