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Old October 3, 2011, 05:42 PM   #52
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Join Date: June 28, 2000
Location: New Zealand
Posts: 231
Originally Posted by Bartholomew Roberts View Post
I don't think that is the case as Judge Cummings was also the district judge in Emerson and was basically the first judge in the last two decades to find an individual right in the Second Amendment.

That's very true and IIRC he was the Judge who made a quip during Emerson about owning enough arms to fit out a decent South American coup.

The commentary relating to the "commercial sale of arms" as set out in Heller strikes me as SCOTUS trying to maintain a legal footing for the State to operate - at best - a minimalist regulatory regime. In regards to commercial sales this could likely be envisioned as restrictions on sales to minors, the drunk, or other prohibited persons.

Judge Cummings may well have a genuine belief that who is "prohibited" (in this case 18 - 19 year olds) is a matter for the legislature, but his view is missing the constitutional forest because of the trees.

Hope this case continues on.
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