RockyTop85
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“He filed this suit seeking, on Second Amendment grounds, to enjoin the city from enforcing the bar on handgun registration, the licensing requirement insofar as it prohibits carrying an unlicensed firearm in the home, and the trigger-lock requirement insofar as it prohibits the use of functional firearms in the home.”It was actually an overall ban on handguns in D.C. Or the lack of permitting for said firearms. Heller basically said you can't ban an entire class of weapons. Home or not was irrelevant.
The citation to Nunn was in context to your comment about the home. Which is why I don't think the 9th ruling is going to stand. Even though it was a State Supreme Court, the fact the SCOTUS uses it as precedent means it's not going to end well for the 9th.
As that New York law article thing pointed out. The Justice who wrote the opinion apparently wasn't a very good writer as it was. Smart as a tack, but not very good behind the pen.
You did say Miller was good law. Or rather, good precedent. When in reality it wasn't because there was no opposition to it at the SCOTUS level. That's the point I was making.
Would it have stood if the defense attorney who had already won at a lower level actually showed up in court to defend his client?
Good grief, dude. Stop keying in on the side items.
It never "regulated" the firearms. Oh, sure, they were "regulated" in the sense that the average 1930s American wasn't going to pony up $200 for their sawed off shotgun, but it was never meant as a regulatory measure.
Interesting that's the only Amendment where it uses that "infringed" language.
The 9th isn't really that compelling except in the fact there is plenty of case law precedent that would strike it down like the aforementioned Nunn or even Dred Scott. I feel like the 9th is going to lose this because of THIS CASE in which government cannot prohibit movement outside of the home. Provided, the SCOTUS kicked it back down to the lower courts since the laws were changed, but it should give one an idea what the SXOTUS will rule on the 9ths decision.
“But the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home.”
Because the case leaves open the possibility of other type, place, and purpose restrictions, the only controlling feature pertains to the issue presented, which was “in the home.”
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