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by srothstein
Sun Mar 11, 2007 10:27 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Appeals Court Overturns D.C. Gun Ban
Replies: 33
Views: 4768

Thanks for the clarification on the different types of rights, Charles. I knew that the strict scrutiny test was harder and forgot about the difference between just an individual right and a fundamental right.
by srothstein
Sat Mar 10, 2007 10:52 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Appeals Court Overturns D.C. Gun Ban
Replies: 33
Views: 4768

I am looking at the long haul on this. If we start getting the right recognized, even with reasonable restrictions, it is still a giant leap forward. And, if I understand the way it works correctly, this will help as we fight new fights. If the courts all recognize the 2A as an individual right, then the way we fight the restrictions changes. After that point, the government has a much harder case to prove in making the restrictions, including we can fight it if it doesn't actually work for the goal they claimed. To infringe on a right, the government must prove an overriding state interest in the right being infringed. They have to also prove it will work, which is how we can almost always win. If they claim it is to fight crime, they have to prove it will really reduce crime.

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