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Old March 20th, 2008
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Default Re: Supreme Court Will Hear D.C. Guns Case

Quote:
Originally Posted by ChamberedRound View Post
Agreed. After re-reading the transcripts, it seems that things headed south for Gura as soon as he brought up that machine guns are standard military issue and should be protected. At that point the Justices came down on him HARD, and spent the rest of his time fighting them off by concession instead of defending his position. While I agree that we should have unfettered access to the same weapons as the military, I think specifically mentioning machine guns was overreaching for this case; he could have glanced on this topic indirectly without taking it head-on. As I've said previously, we can't fight for an individual rights view AND expect them to overturn Miller simultaneously. Baby steps.



Agreed. Despite Gura's argument (or lack thereof), Dellinger was just as bad at defending his position, especially on the issue of self-defense. I also have to believe the majority of the Justices will take the individual rights view based on what was presented and the tone of the Justice's comments. The biggest argument for an individual rights view, and Clement, Gura, and number of the Justices as well mentioned this, is the use of the words "the right of the people" in the 2A. Nowhere else in the Constitution or its amendments is the use of the words "the people" employed when describing what government can or cannot do.



Yes sir, it was well said, and again I agree. I believe the Justices are concerned that if they interpret the 2A as we all know it should be interpreted, years of regulatory law at both the State and Federal level will have to be wiped off the books in one fell swoop. Entire organizations at the federal level will have no need for existence (i.e. the BATFE). And while I agree that is how it should be, and earnestly hope that someday our liberties in regards to arms are restored, that much change too quickly could likely result in legal chaos, executive chaos, and potential abuses of other rights as the government panics in an attempt to get a handle on a new reality.
That was exactly what I meant to convey, a bit clearer than mine. Well said
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