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Old November 15, 2011, 10:29 PM   #30
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,277
Common thought is that the current carry cases are fighting discretionary carry. That thought is only partially correct.

By and large, what we are currently fighting is the lower courts and their wholesale unwillingness to admit that the core of the right, is in fact, the right to keep and bear functional arms for self defense in case of confrontation.

Keeping in mind that the lower courts are relying upon the exact holding of Heller and calling everything else in that decision, dicta.

So far, the 7th Circuit is the only Court to do the necessary work that the Heller Court said they were to do. And that, only in the Ezell case.

Once it is established that carry for self defense means carry for self defense, public or private (in the home), the discretionary laws will fail. Fact of the matter is that this now is the whole purpose of these lawsuits. This can be seen in the way the later filings have been worded.

As fiddletown and Maestro have observed, permitting/licensing will be held constitutional. In many cases, even under strict scrutiny.
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