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View Diary: The NRA of counter-earth's extremist view of the first amendment (34 comments)

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  •  We already have.... (0+ / 0-)

    Levels of scrutiny that apply when determining the level of government encroachment on rights. Strict Scrutiny applies to fundamental rights (the 2nd is) and suspect classes. There's also intermediate and rational basis.

    Where your protected speech and whatnot comes in is based on the criteria it's weighed under strict scrutiny.

    You can be assured without question that should someone pass an AWB it will be challenged in the courts, and the same analysis will be applied.

    The problem is - government has to show an overwhelming public interest, they have to show that the law they passed is tailored specifically to meet that public need and not over-reaching in scope, and that there's no less restrictive way to achieve the same goal. In the context of an AWB - if the public interest is reducing homicides by firearm - going after assault weapons isn't a very smart move. Less than 300 deaths per year as the result of "assault weapons" - yet over 6000 per year by handguns. If it's about saving lives - why start there?

    The reason is that if you can make the case stick on assault weapons, you've pretty much paved the way for anything else. That's the fear a lot of people have, and it's a pretty well founded one - considering that's the stated strategy of groups like the brady campaign against HANDGUN violence. (why are they so focused on AW's then?).

    Anyways - this comic is amusing - but the points they try to make are so far off the mark it's not even funny. At least for anyone who pays attention to the law and how it actually works.

    •  How can one have strict scrutiny and allow gun (0+ / 0-)

      regulations, as Heller clearly says one can. Not precisely WHAT, but the general can.

      202-224-3121 to Congress in D.C. USE it! You can tell how big a person is by what it takes to discourage them. "We're not perfect, but they're nuts."--Barney Frank 01/02/2012

      by cany on Thu Jan 03, 2013 at 11:21:44 AM PST

      [ Parent ]

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