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Thread: Second Amendment Law Review Article - Penumbras

  1. #1
    Moderator / Administrator Grapeshot's Avatar
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    May 2006
    North Chesterfield, Va.

    Second Amendment Law Review Article - Penumbras

    Are we seeing the end of the beginning? There is evidence that we are.

    February 10, 2012

    THE FINAL VERSION OF Southern California Law Review piece on Second Amendment Penumbras is now online. Itís short and to the point
    Better to not open your mouth and be thought the fool, than to open it and remove all doubt.

    You will not rise to the occasion; you will fall back on your level of training.Ē Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  2. #2
    Regular Member rushcreek2's Avatar
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    Jun 2010
    Colorado Springs. CO
    Interesting piece - and recognizes the impact of Heller/McDonald.

    Primarily the original intent of the 2A (and therefore also the present constitutional reality in lieu of constitutional amendment of the 2A to allow federal infringement upon the right to keep & bear arms )
    is that the federal government has absolutely no constitutional power to infringe upon the right.

    The universe of gun control acts at both the federal and state level tend to be aimed at addressing concerns involving the CRIMINAL use of weapons. Self defense is in fact as expressed in the review BEYOND the power of governments to regulate.

    The problem is that WE THE PEOPLE have sat quietly aside while state & federal courts have effectively rewritten the 2A, and state constitutional protections with legal wedges like "No right is absolute" - " A balance must be struck" - "A compelling government interest."......... and on and on.

    This is where I tend to be rather aggressive in exercising my right to ACTUALLY BEAR ARMS DESPITE restrictive statutes tending to prohibit same. Private property rights trump my right to bear arms - so I am a bit deferential in that respect. I will however press against the envelope at every opportunity to exercise my right to bear arms in lawful defense of my person.
    Last edited by rushcreek2; 02-13-2012 at 03:55 PM.

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