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Old 03-09-2007, 08:42 PM   #3
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It will be interesting to see if the Supreme Court will take the case, they haven't done so in something like 70 years. My Constitutional Law course started of with two opinions interpreting the 2nd Amendment, one with the individual rights interpretation and another that decided that the Constitution does not grant individual rights.

I personally favor the individual rights interpretation that this Appeals court took in the DC gun ban case InTheNet linked to, but that's mainly because I'm not a strict textualist.

I haven't read all of this opinion, but I definitely agree with the majority on this...

Even as the appeals court overturned the city's 1976 ban on most handgun ownership, Silberman wrote that the Second Amendment is still "subject to the same sort of reasonable restrictions that have been recognized as limiting, for instance, the First Amendment."
Which isn't to say anything on the specific DC guns ban, just that it would have to actually be looked at instead of having the issue brushed to the side. I like what I've ready from Rudy Guiliani in the past on gun control and the Second Amendment.
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