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Cert. Filed

DC has filed the petition for cert. with the Supreme Court for DC v. Heller (formerly Parker v. DC). Dave Hardy has the petition.

2 Responses to “Cert. Filed”

  1. dwlawson says:

    Gun rights supporters should not be afraid of Heller. It is a no-lose situation for us.

    If they deny cert, we win. We can challenge any Federal gun law such as HR1022, GCA68, FOPA86, NFA34 etc.

    If they grant cert and uphold, we get our SC ruling and can begin challenging Presser and other rulings that deny incorporation of 2A to the States.

    If they grant cert and remand, we are no worse off than before. Most people in most states know that gun ownership frankly makes sense. Lack of a constitutional holding won’t turn them into gun control zealots.

    Also, I have a feeling such a ruling could spark massive blowback and could get us more legislatively than we can get judicially.

  2. Jon Roland says:

    Arguments needed in DC v. Heller

    http://constitutionalism.blogspot.com/2007/12/arguments-needed-in-dc-v-heller.html

    1. The primary original meaning of “militia”, from the Latin, is military service, or, because it includes law enforcement and disaster response, defense activity, and only secondarily those engaged in it, or the subset of those who may be required to engage in that that activity. It is a common idiom in English of the founding era to use the same word for an activity and those engaged in it. Understood in this way, the word is not a plural form, and a single individual, engaged in defense activity, is engaged in militia.

    2. The only regulation that is “reasonable” is regulation that enhances the effectiveness of militia, with an expansion on what that includes and does not include.

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