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Re: I think the "due process" issue will be primary, with the 2A component secondary, if at all. -- Russ Walden Post Reply Top of thread Forum

Posted by: TEEBONE

04/08/2019, 16:42:18

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Russ -

The Court will have to start at the beginning, i.e. assuming arguendo (per its own precedent) that bearing arms is a fundamental right that is guaranteed by the 2A. Without that assumption, the heightened due process argument would fail.

The strength of the due process argument resides in the fact that since it is a fundamental right, the most rigorous level of due process must apply to meet the burden to suspend/deny it.

That's my take, anyway.

TEE




LIBERTY HAS NO EXPIRATION DATE

Democrats wouldn't buy a clue if it was government subsidized.



Modified by TEEBONE at Mon, Apr 08, 2019, 16:49:27


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