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Old November 19, 2009, 08:13 AM   #4
Bartholomew Roberts
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 5,719
Quote:
Wait a minute, isn't this one of the same circuits that wouldn't acknowledge incorporation? Unless I'm mistaken about that, how can they rely on Heller?
The law Skoien was convicted of breaking is a federal law and not a state law (18 USC 922(g)(9)), so the incorporation issue isn't relevant to this case.

Haven't been able to read the decision yet with everything else that is going on; but the parts Tom Servo has quoted are certainly interesting.

The implication that strict scrutiny does not imply to non-defensive firearms is interesting both in that the standard that does apply is still relatively strict and of course because it suggests that defensive firearms DO enjoy a strict scrutiny standard. It should be a very interesting case.

The cases (and progress) are starting to come quicker and quicker now... especially for those of us who remember the 1990s where a groundbreaking case was something like Thompson Centerfire Contender (which is still basically ignored by ATF) and only came once a decade.
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