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by ELB
Tue Mar 22, 2016 2:28 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: SCOTUS 2A Decision Outside Home Carry
Replies: 5
Views: 1618

Re: SCOTUS 2A Decision Outside Home Carry

Eugene Volokh helped write a friend of the court brief for this case. He has some thoughts on the decision here:

https://www.washingtonpost.com/news/vol ... eme-court/

He notes that the SCOTUS did not rule that a ban on stun guns is outright unconstitutional -- it just ruled that the reasoning for upholding the ban by the Massachusetts Supreme Judicial Court was constitutionally invalid, and sent the case back. This leaves open the door that the MA court may find other reasons to support the ban that are constitutionally valid.
by ELB
Tue Mar 22, 2016 9:46 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: SCOTUS 2A Decision Outside Home Carry
Replies: 5
Views: 1618

Re: SCOTUS 2A Decision Outside Home Carry

SA-TX wrote: ... for carry outside the home
... At a minimum, it seems to focus on the "bear" instead of the "keep" part of "keep and bear arms" ...
SA-TX
I doubt I am more qualified than you, but I don't think this decision addresses anything about "bearing" and/or "outside the home."

It deals strictly with whether stun guns are protected by the 2A. The SCOTUS answer is "yes they are."

That is the significant part. All eight justices concurred on this with the following statement:
The Court has held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” McDonald v. Chicago, 561 U. S. 742, 750 (2010).
It ain't just about muskets. ;-)

But the SCOTUS has not yet, as of this decision, ruled on whether bearing arms outside the home for self-defense or other purposes is protected by the 2A. Scalito and Thomas wrote a separate opinion that more vigorously praises the right of self-defense, but it doesn't expand the decision to carry of arms outside the home.

The gist of this decision is
- Just because it didn't exist at the time the 2A was adopted doesn't mean it's not protected
- Just because it's not a military weapon (the old "2A is for militias") doesn't mean it's not protected.

It will be interesting to see this applied to knives, clubs, and other non-firearm arms... :mrgreen:

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