View Single Post
 
Old 08-06-2018, 05:05 PM
ISCS Yoda's Avatar
ISCS Yoda ISCS Yoda is offline
US Veteran
 
Join Date: Feb 2013
Location: Dallas, Texas
Posts: 8,440
Likes: 2,498
Liked 13,178 Times in 4,571 Posts
Default

Quote:
Some posts here leave me SMDH.





Purist/ extremist/absolutist am I.
I wish I knew what SMDH means but I bet it's mean and funny.

Justice Antonin Scalia was a strict constructionist. That's as close to being a purist as one can hope for in a Supreme Court Justice. But he was neither an extremist nor an absolutist. In his words in the Heller case he left the door open for reasonable restrictions on the RKBA and he left the term undefined. Until the SCOTUS defines it or narrows its scope that term will be usable to cover a multiplicity of restrictions by local jurisdictions and certainly the Federal government. So the 1968 GCA remains the law of the land and the restrictions on interstate sales of firearms remains the law of the land. That's just the way it is. Presently. Nobody says we have to like it.

I get the car purchasing comparison but cars are not protected by the Constitution so restrictions on them or the lack thereof really makes no difference in a legal context. It is an apt comparison but for the laws that we live under not making it so.

Remember, there are reasonable restrictions on the right to assemble and the right to speak, as two examples, so it is very difficult for Second Amendment lawyers to argue that rights cannot ever be restricted "reasonably".
Reply With Quote
The Following User Likes This Post: