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re: Shooting at Orlando gay club: 50 Dead, 53 Injured, Shooter is Radical Muslim
Posted on 6/14/16 at 2:14 pm to LoveThatMoney
Posted on 6/14/16 at 2:14 pm to LoveThatMoney
quote:
Wasn't trying to be "novel," simply pointing out that the Second Amendment, as worded, is open to widely swinging interpretations.
No it isn't. There were two prevailing theories; the individual rights interpretation and the collective rights interpretations (plural because there were two distinct legal theories there "original" and the "sophisticated"). The 2008 v Heller case settled that, all nine SCOTUS justices held that the individual right interpretation is the correct reading (5-4 is the split of the scope of that interpretation). There is no longer any rational reason to think there is an interpretation that makes the 2nd Amendment only apply to those serving in militias.
quote:
How often have guns been used by anyone on this board for anything other than hunting and for what reason do you need things like a handgun or "assault" rifle to hunt a deer or a pheasant?
That means absolutely nothing as far as the right protected by the 2nd Amendment. It has nothing to do with hunting and there is nothing requiring anyone to justify why they can buy one type of weapon or another within that scope. The AR15, like all semi-auto weapons, are now protected as a class through the "in common use" measure established in v Heller and reinforced unanimously by the Supreme Court in Caetano v Massachusetts just recently.
Posted on 6/14/16 at 2:20 pm to Clames
quote:
No it isn't. There were two prevailing theories; the individual rights interpretation and the collective rights interpretations (plural because there were two distinct legal theories there "original" and the "sophisticated"). The 2008 v Heller case settled that, all nine SCOTUS justices held that the individual right interpretation is the correct reading (5-4 is the split of the scope of that interpretation). There is no longer any rational reason to think there is an interpretation that makes the 2nd Amendment only apply to those serving in militias.
I haven't read that case or the opinion, but I imagine that there is a rational reason to think there is an interpretation that the 2nd Amendment applies only to militias since 4 of 9 Supreme Court Justices appear to have dissented from the decision to the contrary. That seems like the very definition of "rational reason."
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