What is also almost as important is that they recognized it as a fundamental right and stated that this was their reading of Heller. That could have a lot of import in the future.
And after doing both of those things (incorporation and fundamental right), they also ruled that the Alameda County supervisors could ban gun shows on county property, even if they allow guns in other events. Outstanding logic and honesty in their ruling (they admit that their previous ruling was overturned by Heller and adopt Heller fully), until they get to the part about the ban not being significant enough to be overturned as an infringement.
EDIT: I forgot to point out that the concurring opinion agrees withe everything but hastens to point out that even a fundamental right can be regulated by the government. He also brings up the old saw about no one would think nukes or chemical weapons would be arms under the Second Amendment. I guess he has never seen my old posts on that subject.
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- by srothstein
- Tue Apr 21, 2009 12:23 am
- Forum: Federal
- Topic: Sneaking up on Incorporation
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