joeroket
Regular Member
imported post
Bob Warden wrote:
The issue on each is public safety, which I do not agree with, and I think they will determine that gun regulation in parks is a states issue. Also since we are dealing with a fundamental right you are all but guaranteed a strict scrutiny analysis. I believe it may very well pass strict scrutiny but we will have to wait and see for sure to see how McDonald incorporates the 2nd.
I would like to see guns allowed by CPL holders in the school buildings at a minimum but we all know that won't happen. I would also like to see Nickels personally liable for violating the law, but we also know that will not happen.
Bob Warden wrote:
joeroket wrote:
Bob Warden wrote:
gogodawgs wrote:
Bob Warden wrote:Whether or not you support me or approve of my methods, I am spending my own time and money fighting for the right to bear arms for EVERYONE, not just for a state fortunate enough to have a strong state constitutional right and a preemption statute.
Bob, first I support your rights to carry and to litigate. I am not so sure that your arguments have been as clear as SAF et al.
I think that after McDonald that your case will be remanded, but the real questions lie with which 'scrutiny' tests the court establishes.
Best of luck!
Agreed; strict scrutiny and I win, rational basis and I lose. Mid level will be interesting!
I think the fed judges would allow it pass strict scrutiny as well if you take some of the wording from Heller into play. A park where children frequent is not much different than a school, which heller has said is reasonable restriction.
We better all hope that SCOTUS is smart enough to realize that parks and park facilities that are generally open to everyone are a whole lot different than schools!
The issue on each is public safety, which I do not agree with, and I think they will determine that gun regulation in parks is a states issue. Also since we are dealing with a fundamental right you are all but guaranteed a strict scrutiny analysis. I believe it may very well pass strict scrutiny but we will have to wait and see for sure to see how McDonald incorporates the 2nd.
I would like to see guns allowed by CPL holders in the school buildings at a minimum but we all know that won't happen. I would also like to see Nickels personally liable for violating the law, but we also know that will not happen.