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Author Topic: Second Amendment as Ordinary Constitutional Law  (Read 1014 times)

Offline Fl0und3rz

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Second Amendment as Ordinary Constitutional Law
« on: April 15, 2014, 12:30:12 PM »
Paper by Glenn Harlan Reynolds
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2423394

It's a bit thick at times, but a short read at nine pages.

Quote
One possible consequence of this normalization is that a wide variety of statutes and regulations—complex and draconian rules intended to de-normalize gun ownership and to subject gun owners to in terrorem effects that would discourage having or keeping firearms—must now come under Second Amendment scrutiny as well. If the right to own a gun is protected by the Constitution, then efforts to treat it as, in effect, a deviant act must be disfavored, and those in terrorrem aspects now look more like efforts to chill the exercise of a protected right

Offline dmv9

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Re: Second Amendment as Ordinary Constitutional Law
« Reply #1 on: April 15, 2014, 12:55:53 PM »
It's funny that if England had enforced gun laws the way the US enforces them now, we would not be here as a country. The foundation of the 2nd amendment arises from the fact that the founders didn't want us (citizens) defenseless against a tyrannical government (then England, now U.S.).

 


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