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Old December 3, 2019, 01:55 PM   #73
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 13,983
Quote:
Originally Posted by NJgunowner
So I THINK we'll get a ruling, it just won't be anything sweeping. It'll probably just reaffirm our right to transport firearms from point A to B.
Even that will be welcome, because it's a start to undoing the damage caused by Justice Scalia in Heller when he wrote that the core right of the Second Amendment is self defense in the home.

Of course, the Heller case was about keeping an operable firearm in the home so, in keeping with the SCOTUS philosophy of making narrow rulings that typically only answer the question being asked, this is not surprising. The problem is that we know the core purpose underlying the Second Amendment was not really self defense, and we know that the core purpose of the Second Amendment was not limited to within the home. But, in the wake of Heller, lower courts have seized on a few excerpts from the Heller decision to proclaim that "in accordance with Heller" the Second Amendment protects ONLY the right to keep a firearm for self defense in the home.

That's not what Scalia said, but that's what many judges are saying he said, so anything that will slow that down is IMHO a plus.

And we may get an official determination that "transporting" an unloaded firearm is different from "carrying" a loaded firearm. I don't believe that Ginsberg, Kagan, and Sotomayor are really that ignorant, but they're doing a good imitation.
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