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  1. #41
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    Default Re: SCotUS Rules: 2nd Amendment Secures An Individual Right

    As I read about the validity of banning CC, that assumes OPEN carry is a legal option. Scalia pointed out that few laws have come close to DC's handgun ban, and that those laws were overturned. All of those laws he pointed to like Nunn v. State involved prohibitions on OPEN CARRY, while upholding the CC ban.
    So I see the NJ's and NY's with a problem. Yes, they can require permits for ownership and carry,but since you can't carry open or concealed w/o a permit, they can't deny you strictly based on "need," which is pretty much the arbitrariness that was hinted at in the case.

  2. #42
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    Default Re: SCotUS Rules: 2nd Amendment Secures An Individual Right

    Quote Originally Posted by press1280 View Post
    As I read about the validity of banning CC, that assumes OPEN carry is a legal option. Scalia pointed out that few laws have come close to DC's handgun ban, and that those laws were overturned. All of those laws he pointed to like Nunn v. State involved prohibitions on OPEN CARRY, while upholding the CC ban.
    So I see the NJ's and NY's with a problem. Yes, they can require permits for ownership and carry,but since you can't carry open or concealed w/o a permit, they can't deny you strictly based on "need," which is pretty much the arbitrariness that was hinted at in the case.
    CA's challenging "need" based CCW right now. NY's is gummed up by crooked courts from what I gather. How's NJ for court system? I know their gov and legislature are FUBAR.
    "You can't stop insane people from doing insane things by passing insane laws--that's insane!" -- Penn Jillette

    "To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic." -- Ted Nugent

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