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Old February 16, 2013, 04:35 PM   #14
speedrrracer
Senior Member
 
Join Date: December 15, 2011
Location: San Diego, CA
Posts: 317
The circumstantial approach is unjustifiable, and we should drop it in most cases.

The fact that we argue circumstances is to our detriment. Circumstances are for rational basis decisions, and Heller made clear the 2nd Amendment will receive greater protection than rational basis.

If you're trying to think about a 2A issue, and you find yourself saying, "Yeah, but if I reloaded.." or something like, "What if there are 4 bad guys" or anything relating to a concrete circumstance, you have probably gone off the reservation. Such concerns are beneath the protection afforded to the 2nd Amendment....in theory...
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