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Old March 18, 2013, 04:19 PM   #122
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Join Date: December 15, 2011
Location: San Diego, CA
Posts: 317
Originally Posted by Jim Dandy
Was this a mistake? Doesn't it all but concede the 14th Amendment Equal Protection argument?
As Spats mentioned, the state will claim they're meeting EP.

Ultimately, in this Court, privileges & immunities is, unfortunately, a losing horse. Gura notes this in some of his discussions, and that's why he framed his arguments as he did, to make P&I a secondary claim. IIRC, only Thomas supports P&I in a meaningful way.

Can't it be argued that the simple act of exercising second amendment rights is not a crime, and preventing the carrying of a concealed weapon does not prevent crime?
The first part is always the case; the question is "were you engaged in an activity protected under the 2A?" That's open for interpretation, and if a carry case is taken by SCOTUS, we'll know a lot more than we do now.

As for the second part, that's rational basis, and the 2A is beyond that.
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