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However, it appears to not have been the case since no one has filed a case that the CA and NY bans are unconstitutional.
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Those cases will be filed, but for now they must wait for incorporation of the 2nd amendment under the 14th.
It's not at all clear to me what will happen if another AWB is passed; it would certainly be challenged in court, and no doubt
Heller would play a significant part. But scrutiny is an issue, and there are plenty of liberal judges out there...