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TeddyR

(2,493 posts)
2. Although I haven't read every thread relating to the RKBA
Wed Sep 23, 2015, 08:55 AM
Sep 2015

I haven't seen anyone arguing that government can't enact certain regulations with respect to firearms. The Second Amendment protects the right to keep and bear arms on an individual basis, but it isn't an unfettered right. I personally don't like gun registration requirements but I imagine that most courts would find registration laws constitutional. In fact, the author of the article overstates the import of Heller if he thinks it recognizes some new authority for the government to regulate firearms -- even Scalia in Heller I recognized that the Second Amendment's right to keep and bear arms was subject to regulation. The more interesting question in my mind from the recent Heller decision is the level of scrutiny applied -- I suspect that some appellate courts would disagree with the decision that strict scrutiny does not apply to gun laws so we may ultimately see a circuit split on that issue.

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