View Single Post
Old January 19, 2013, 12:19 AM   #12
Aguila Blanca
Senior Member
 
Join Date: September 25, 2008
Location: CONUS
Posts: 6,397
Wow. Legal brilliance on display.

Starting off with trying to defend "may issue" by citing cases that date to well before Heller determined that the RKBA is an individual right, and before McDonald stated that the RKBA is a "fundamental" right. (p. 18)

Good God! At the end of page 20, they explained EXACTLY why citizens SHOULD be allowed to carry!

There it is, on page 34

Quote:
As discussed, infra, the Policy does not burden conduct falling within the core Second Amendment right because it does not implicate the right to possess and use handguns for self-defense in the home – the scope of the right articulated in Heller.
And this, of course, totally misconstrues what Heller decided. Heller did not rule that the scope of the 2nd Amendment RKBA is limited to self defense in the home. Heller ruled that the 2nd Amendment RKBA is an individual right, not a collective right, and that the Washington DC law prohibiting the keeping of a function firearm in the home unlawfully frustrated that right.

With minds like these defending them, I think the county is on the road to defeat.

Last edited by Aguila Blanca; January 19, 2013 at 04:47 PM.
Aguila Blanca is offline  
 
Page generated in 0.04879 seconds with 7 queries