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Old January 14, 2012, 12:46 AM   #14
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Join Date: May 24, 2005
Location: North Carolina
Posts: 2,698
I do not like the conclusion in this case, but I do like the scope of the decision. The judge could have just ruled that the Second Amendment does not extend outside the home, but he went further and volunteered a level of scrutiny if the Second Amendment extended beyond the home. On appeal, higher courts will not only have to deal with the scope of the Second Amendment, but will be forced to explicitly address the appropriate level of scrutiny. Without voluntarily including the scrutiny conclusion, higher courts would have been able to punt the scrutiny question back to lower courts on remand. Since I think that the scope issue is more apt to make its way to SCOTUS, this decision at least keeps the scope and scrutiny issues tied together.
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