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Old February 15, 2014, 02:08 AM   #97
Senior Member
Join Date: August 8, 2012
Posts: 2,556
Are you sure Tom? Every time they mentioned Scrutiny the did the same dance the Supreme Court did in Heller. i.e. We didn't use scrutiny because it wouldn't pass any scrutiny so scrutiny doesn't matter.

Because our analysis paralleled the analysis in Heller itself, we did not
apply a particular standard of heightened scrutiny.
Then we see them quote

“The very enumeration of the
right takes out of the hands of government—even the Third Branch of
Government—the power to decide on a case-by-case basis whether the right is
really worth insisting upon.”
And here;
Nor may we relegate the bearing
of arms to a “second-class right, subject to an entirely different body of rules
than the other Bill of Rights guarantees that we have held to be incorporated into the Due Process Clause.
It sounds like they're pushing to all but get rid of intermediate scrutiny for the core right. Or is that something else?

And for those wondering about what effect this would have on other regulations as far as carry laws, gun bans, feature bans and so on:

Nor should anything in this opinion be taken to cast doubt on the validity of
measures designed to make the carrying of firearms for self-defense as safe
as possible, both to the carrier and the community.
Sound like cutting off any appeal to revoke training/class requirements, fingerprinting etc?
JimDandy is offline  
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