Thread: Well Regulated
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Old February 7, 2013, 11:51 AM   #23
Senior Member
Join Date: November 1, 2011
Location: Near St. Louis, Missouri
Posts: 844
SCOTUS was wrong in Heller in that you can't separate the militia from the 2nd Amendment.
I am not comfortable making a statement that the court was wrong. I am not a lawyer. I have found that many lawyers are quite comfortable making assertions and speculations as if they are facts, and using language which conveys great confidence. This is one of the reasons that scientists and engineers often have such a hard time understanding lawyers.

I understand you opinion however, and I can sympathize with it. But then you make the statement

Heller wasn't a victory; it was a distraction.
I disagree with that. True, it was not a complete absolute victory, but such victories are rare.

I remember being a gun owner in the 80's and 90's. If you would have told me in 1988 that within my lifetime there would be shall-issue CCW laws in almost every state, I would dismissed it as a fantasy. If you would have told me that the Supreme Court would someday rule that the 2nd amendment recognized an individual right to keep and bear arms, I would have been very skeptical. The wind was blowing in a very different direction back then. We have come very far indeed. Let's not snatch defeat from the jaws of victory with self-defeating pessimism.
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