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Old July 22, 2010, 06:20 PM   #99
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Join Date: May 24, 2005
Location: North Carolina
Posts: 2,698
Originally Posted by Aguila Blanca
In Heller, the question raised by the lawsuit was whether or not the right discussed in and (supposedly) guaranteed by the 2nd Amendment was an individual right or a collective (and militia-related/dependent) right. The part about "keeping" and "in the home for personal defense" was only the specific background for qualifying the plaintiffs.

There is only ONE right in the 2nd Amendment, and this was discussed in Scalia's Heller ruling as well as in Alito's McDonald ruling. It is a single right to both keep AND BEAR arms.
There was a lot of discussion in both Heller and McDonald. The courts will sort out what parts of the opinions in those cases are dicta or ratio decidendi. At the very least, we know this from McDonald:

In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. See Duncan, 391 U. S., at 149, and n. 14. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings.

It is so ordered.
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