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Old January 18, 2013, 01:28 AM   #43
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Join Date: February 1, 2011
Posts: 345
Just waded through the reply. One of my favorite parts was the discussion of the different level of review required when a law is a regulation vis a prohibition. A prohibition madates strict scrutiny, a regulation (time, place and manner) requires only intermediate scrutiny. It will be interesting to see what the 3rd does--will if follow NY and deny a challenge to "good cause" rquirements, or follow the 7th and conclude that there must be some form of carry allowed in order tocomply with constitutional mandates. The fifference between the two cases, though, is that Illinois bans concealed carry entirely, while NY, as Md and NJ, only make it nearly impossible to carry because of the discretion granted public officials. With all the Sandy Hook broohaha and the recent NY firearms ban, I think a bunch of courts that might be inclined to follow Woolard or Moore are having second thoughts. (One thng I always hated about Con Law was that it always seemed to me more political and result driven than, despite the lip service, driven by logic.) Then again, a grant of cert in Kachalsky will put all of these cases on hold for at least another year.

Good brief. I think Jensen probably did write as it lacks some of the fire Gura is known for.
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