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View Diary: What gun control does the Second Amendment allow? (226 comments)

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  •  We may well find out. (1+ / 0-)
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    blue aardvark

    I think that in the future the RKBA community may come to rue Heller in the same way that we in the pro-choice community sort of rue Roe, as in "it establishes a right but so many exceptions have been allowed since then as to make it a shell of what it was." Now that Heller established that it is an individual right under the Constitution, it can be subject to the same balancing tests and analyses all the other ones are, with the same sometimes infuriating results to a proponent of the right thus established. Before, it was beyond the reach of them, and gun owners might well arguably someday be said to have had more real rights before Heller.

    With the individual right to keep and bear arms now thus enshrined in the nation's jurisprudence, it's inevitable, especially after Newtown, that the Court, regardless of composition, will take back a little of what it gave out when regulations come before it. I could easily see, for instance, a law requiring CC permit holders to submit to random drug tests passing Constitutional muster—if it was good enough for armed Customs agents in Von Raab v. National Treasury Employees Union, it's certainly good enough for regular Joes with permits (given Scalia's bitter dissent in that case, though (so bitter Stevens actually signed it as well), it would be interesting to see how he'd handle it).

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