Quote:
"Presumptively lawful," as used in the Heller decision
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Indeed, the phrase "presumptively lawful regulatory measures" is contained in a footnote to dicta. Scalia was quick to point out in same The Court's list of these measures "does not purport to be exhaustive."
In other words, not many gun laws on the books are going to survive examination.
In fact, the Court defined only three such "longstanding prohibitions":
a.possession by felons and the mentally ill
b.no carry in sensitive places
c.laws imposing conditions on the commercial sale
of firearms.
I give a nod to what A.B. wrote. Presumptively lawful regulations are merely assumed lawfull until they either pass or fail a test of scrutiny, at which time they will become either one or the other-lawfull, or unlawfull.
Presumption is merely a matter of unfounded opinion, and everybody with a dog in this fight seems to have one.
Some folks see it differently:
http://www.bc.edu/content/dam/files/.../07_zonars.pdf