Thread: SCOTUS musings
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Old December 7, 2018, 12:26 AM   #20
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 18,457
Quote:
Originally Posted by RC20
The reality is that use has been restricted from some time. And States do have rights as well. Somewhere in that mix is a logical compromise as its quite a muddled field.
States' rights.

But the McDonald case established that the 2nd Amendment applies to the states as well as to the federal government. So what's missing is a few good cases (before an objective, originalist, textualist Supreme Court) that clarifies the extent to which states can regulate (i.e. "infringe") the 2nd Amendment. Justice Scalia opined that the right to keep and bear arms is not unlimited (a point with which I disagree), but neither Heller nor McDonald made any attempt to define where the line is drawn between permissible regulation and unconstitutional infringement.
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