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Re: Peruta En Banc Opinion - Concealed Carry Lost
Posted: Mon Jun 26, 2017 8:50 pm
by RoyGBiv
Some Internet guessing that a possible Kennedy retirement may have caused the other conservative justices to punt, hoping for a more secure pro-2A majority.
/guessing
Re: Peruta En Banc Opinion - Concealed Carry Lost
Posted: Mon Jun 26, 2017 9:30 pm
by ScottDLS
RoyGBiv wrote:Some Internet guessing that a possible Kennedy retirement may have caused the other conservative justices to punt, hoping for a more secure pro-2A majority.
/guessing
If true, this type of results based jurisprudence is disturbing, regardless of whether we agree with the ultimate ruling. Lawmaking rightly belongs with the legislature, enforcement with the executive, and interpretation within the bounds of the Constitution with the judiciary...
There are reasonable arguments that the licensing of wearing and carrying of arms belongs primarily with the states and restrictions thereon are not necessarily always a violation of the 2nd amendment as incorporated to the states in the 14th. Heller and McDonald did not hold that any restrictions at all were prohibited, nor does every case need to be resolved by SCOTUS on Constitutional grounds...