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The
Below Comments Relate to this Newslink:
The Second Amendment allows for more gun control than you think
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Some gun rights advocates have suggested that’s because lower courts have been thumbing their nose at Scalia’s opinion in an act of massive resistance akin to the South’s refusal to desegregate after Brown v. Board of Education.
But Scalia’s opinion made clear that the decision would leave untouched many “longstanding prohibitions” on the use of guns. In practice, courts have concluded that these prohibitions and others like them pass constitutional muster. Our research confirms, as other research has suggested, that most Second Amendment claims fail. We also find that most fail precisely because of limitations that Heller itself places on the right to bear arms. |
| Comment by:
MarkHamTownsend
(5/24/2018)
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Against my original thoughts, critics of the Heller decision have been proven correct in their misgivings. That opinion left a huge hole in the 2A allowing for further encroachments.
"Shall not be infringed" has lost its meaning. Allowing bans some some more dangerous types of guns is only a loophole allowing even further bans, since there will always be a "next most dangerous" type of gun in line to be banned.
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| QUOTES
TO REMEMBER |
| Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. — James Madison, The Federalist Papers, No. 46 |
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