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Old February 21, 2014, 02:59 AM   #144
gc70
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Join Date: May 24, 2005
Location: North Carolina
Posts: 2,902
Quote:
Originally Posted by 62coltnavy
As I have demonstrated, the only thing on which we appear to disagree is whether the decision in Moore established a split between the 7th and the 2, 3, and 4th Circuits. 2,3, and 4 say that the right exists outside the home but is subject to regulation based on "good cause" in the public interest. Moore says that the right exists outside the home and cannot be banned, never addressing whether a may issue or shall issue scheme is mandated by the Second Amendment. Nothing in the decision compelled Illinois to adopt a "shall issue" scheme. Therefor there is no direct conflict, just a philosophical difference in the manner in which the issue is analyzed.
Your analysis of a circuit split focuses on the specifics of concealed carry licensing. Others focus on a circuit split with regard to the scope of the Second Amendment. The 2CA, 3CA, and 4CA have largely placed the 2A right to self-defense under house arrest, while the 7CA and 9CA recognize that "to bear" in the 2A extends the right beyond the home.

Until the Supreme Court takes up a case, we will not know whether the Court prefers to address the bundle of related issues within a broader or narrower context.
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