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Gun Control & RKBA
In reply to the discussion: 2nd Am history: Until 1959, every law review article concluded it didn't guarantee an individ right [View all]sarisataka
(21,666 posts)23. Many words... I will use fewer
If a think tank wishes to publish an article without any proof to support the premise then I may dismiss their premise with an equal amount of proof.
Your comment I should support my statement of a prior ruling (ironic since you indicated the same proof was not needed in the article) would be valid, had I claimed there was such a ruling. I did not make such a claim.
Let's skip ahead to Miller-
In the absence of any evidence
An interesting caveat as you are well aware only the Government presented arguments, Miller being deceased at that point. Clearly the Court left the decision open to further review.
"shotgun having a barrel of less than 18 inches in length" at this time has some reasonable relationship to the preservation or efficiency of a {existing} well regulated militia, we cannot say that the Second Amendment guarantees the right {of jack miller} to keep and bear such an instrument
this judgement is rendered on, and restricted to the weapon, i.e. shotgun having a barrel of less than 18 inches in length.
It does not say Mr. Miller, who no one argued was a militia member, was unable to own a different weapon. Note my emphasis:
we cannot say that the Second Amendment guarantees the right {of jack miller} to keep and bear such an instrument
The amicus brief would be relevant if the language of the brief was quoted, or even paraphrased, in the decision. It was not.
One could infer by not incorporating the language in the decision the Court was rejecting the argument, but applying the same standard I used previously, I will not say it was rejected but left an open question, neither a supported nor rejected.
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2nd Am history: Until 1959, every law review article concluded it didn't guarantee an individ right [View all]
sharedvalues
Aug 2019
OP
Yup, Scalia's opinion in DC vs Heller enshrined something made up out of whole cloth
RockRaven
Aug 2019
#1
Can we change the name of this forum? "Gun control and made-up Republican RKBA"?
sharedvalues
Aug 2019
#5
It's been considered here several times before, and shown to be false
friendly_iconoclast
Aug 2019
#63
As you've seen, if ones' only strengths are 'repeated argument by assertion'...
friendly_iconoclast
Aug 2019
#11
It's sad that you and 16 other people believe that law review articles actually have legal weight
friendly_iconoclast
Aug 2019
#10
Thank you. I didn't have the energy to deconstruct sarisataka's many misleading points
sharedvalues
Aug 2019
#29
Wow. DOJ 1938: "2nd A does not grant to the people the right to keep and bear arms"
sharedvalues
Aug 2019
#32
Obvious answer: Because, when read in full, it doesn't say what James claims it says.
friendly_iconoclast
Aug 2019
#52
Yes. Scalia was a right-wing partisan and his "originalism" was just a front
sharedvalues
Aug 2019
#31