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Old 04-05-2013, 11:28 AM
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sholling sholling is offline
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Quote:
Originally Posted by IVC View Post
We already have a confirmed individual right, in common use/lawful purposes language, incorporation against the states and are now (hopefully) about to get meaningful carry.

We also have all the precedents when legislators try to bypass civil rights they don't like (from segregation era) and when they try to bypass SCOTUS rulings they don't like and their constituents don't support (Roe v. Wade). So, all this polling in CA about what people want and legislators pretending that they are respecting 2A is very old news as far as obstructionism goes.

The "technicalities" we are being attacked on are already addressed in Heller. They don't require much of new analysis or any paradigm shift to be addressed. Unlike the decades of research and hard work that went into defining 2A as an individual right, the cosmetics and taxes are really small potatoes in the big picture.
We have a confirmed enumerated individual right that so far may require the permission of local and/or the state government to exercise in your own home which is pretty much the definition of the difference between a privilege and a right. For example in Washington DC (the home of Heller), Chicago (the home of McDonald) and in New York you still have to jump through hoops and delays that you would never have to jump through to speak in your own home or have an abortion at the clinic of your choice. It's also an enumerated right subject to special taxation (NFA tax stamps plus the 11% excise tax on guns and ammo) which is the equivalent to placing an excise tax on political books and magazines or on abortions and birth control. And we still have waiting/cooling off periods that would never be acceptable for speech or morning after pills or abortion yet the lower courts can be counted on to uphold those laws even if we get strict scrutiny. We have expanding firearms registration for what types numbers of arms you own that we would never accept for how many and what kind of abortions a woman has had. The bottom line is that even if we get a win and strict scrutiny it's going to take at least 2 more trips up to the US Supreme Count before the lower courts start to take the 2nd Amendment (the red headed step child of of the Bill of Rights) seriously.
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Last edited by sholling; 04-05-2013 at 11:31 AM..
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