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July 19th, 2007, 04:35 PM #11Grand Member
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Pittsburgh,
Pennsylvania
(Allegheny County) - Age
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Re: PA Constitution: Help Me Understand
temporarily depriving people convicted (through due process) of crimes is one issue. adults vs. children is another issue. restricting the constitutionally protected rights of adults who have not been convicted of a crime is an entirely different issue.
Such a law must narrowly advance a compelling state interest in the least infringing manner available.
So the PA Supreme Court accepted restrictions and bans on concealed carry, as long as open carry wasn't prohibited, because the court found that concealed carry was a particularly nefarious manner of carry and the state had a compelling interest in preventing crime.
so, the opinion (regardless of which way they ruled) should have stated either
"we find that this law does not constitute questioning the right to keep and bear arms because [insert logic here]. thus, we find this law constitutional and are allowing it to stand"
or
"we find that this law does constitute questioning the right to keep and bear arms because [insert logic here]. thus, we find this law unconstitutional and are not allowing it to stand"
The courts will allow lawmakers to infringe rights if strict scrutiny is satisfied.
if circumstances arise where rights need to be infringed, then the consitution needs to be changed to allow for that infringement. just ignoring the limits placed on government by the constitution should not be an acceptable option.
More people should pay attention to which judges are running for what office, but few people really care.
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