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Old October 10, 2010, 11:25 AM   #8
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,549
The cases cited don't have to have a direct connection with the RKBA. What they do is to show a decided deference in treatment to fundamental rights. They will be used in future cases, if I understand the strategy correctly.

What is important at the moment, is to get the various States to recognize the fundamental nature of the right to carry; to realign their laws so that a concealed carry permit is not arbitrary or capricious. Essentially, the plan is to force all States to become "Shall Issue." Either through federal court action or through legislative means. Enough wins at the judicial level, will force the remaining legislatures hands.

Along the way, I see the side issues of where you can carry, coming up at appropriate times. Ezell is such a case, although on the surface it is about gun ranges. Beneath that surface lies the ability to take your gun out of your house and into the public.

Down the road, the citations above, will come into play. States will still be allowed to regulate the manner of carry, but will not be able to deny it altogether. This will lead to (mostly) unrestricted carry, either openly without a license or concealed (if the States refuses to allow open carry) without a license (or very minimal licensing requirements).

First and foremost, carry under even heavily taxed regimes, must be acknowledged as a right to anyone who wishes to apply for the permit. There may surface a few cases where the cost (and/or other requirements) of the permit will be challenged as excessive regulation. Theses cases will begin to avalanche as more and more cases over the right to carry are won.

There will be a lot of kicking, screaming and teeth gnashing. But that is the future of 2A rights.
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