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Another Bold Suit

NRA and the California Rifle and Pistol Foundation are suing to overturn California ammunition regulations on Second Amendment grounds. The risk here is there’s dicta in Heller that would prejudice a court toward upholding what could be argued is a “commercial qualification” on the right to keep and bear arms. That’s not to say this can’t be done, but it’ll be interesting to see whether the lower Courts will take the Supreme Court’s strong hint about the nature of the Second Amendment right. The recent 7th Circuit ruling in Skoien doesn’t give me much room forĀ optimismĀ that the lower courts are willing to take the Second Amendment seriously. In that case the hope is that the Heller Five is strong enough to rule for a broad right.

One Response to “Another Bold Suit”

  1. Ian Argent says:

    If we can’t depend on the lower courts, then we have to get in as much as possible while the Heller 5 are up and functioning.

    And the relatively low level of money available to various governments is another factor in timing as well.

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