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View Diary: Gun-trafficking case in Charlotte may have exposed loopholes in gun laws (129 comments)

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  •  Confiscation AND attrition. (1+ / 0-)
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    oldpunk

    And are you arguing that the Constitution prevents the confiscation of any firearm?  If so, that's a move in the right direction.  Freezing the market for new buyers and relying on attrition is equally offensive; I draw a distinction between that out of politeness, not out of any serious attempt to draw a new category.

    "Reasonable restriction" appears nowhere in the decision for Heller.  I believe you're referring to this blockquote:

    Like most rights, the Second Amendment right is not unlimited.  It is not a right to keep and carry any weapon whatsoever in any   manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment   or state analogues.  The Court’s opinion should not be taken to cast  doubt on longstanding prohibitions  on the possession of firearms by  felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or   laws imposing conditions and qualifications on the commercial sale of   arms.  Miller’s holding that the sorts of weapons protected are those   “in common use at the time” finds support in the historical tradition  of prohibiting the carrying of dangerous and unusual weapons.   Pp. 54–56.
    No one will disagree that the Second Amendment is limited, just like every other enumerated right.  But the specific tests and/or standards of scrutiny that must be applied is an issue that has not been addressed by the Courts.  Obviously, I would prefer the strictest standard of scrutiny possible for determining "reasonableness" (which comes with the presumption in favor of the right).  It may turn out to be a lesser standard than that.  And I would also concede that certain schemes, including a universal registry, would pass constitutional muster under intermediate scrutiny.  However, I'm also in favor of taking proactive, statutory steps to preserve rights.  In this case, I have an alternative to a registry that serves the same purpose and achieves the same results.  Under strict scrutiny, a registry would be tossed out immediately because of the presence of such an alternative.  However, it would be far better for us just to agree to use the least invasive measure that gets the job done.

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