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  • slybarman

    low speed high drag 9-5er
    Feb 10, 2013
    3,074
    can I get some details on this? (not the greatest at parsing the fine points of the legalese....)


    Short version is that they said it is reasonable for it to be easier for retired law enforcement officers to purchase a weapon than a common citizen (IIRC this goes to the HQL requirement waiver) because they have more experience and are more likely to act in the public good, etc.
     

    chesapeakeIRON

    Ultimate Member
    Mar 5, 2012
    1,488
    Harford County
    I read it as we get strict scrutiny which is a win but we lose the equal protection argument and the "copies" are too vague argument. Is this about right

    This is how I take it....So it seems like we win and lose. Is there a guarantee that that FSA 2013 will be reviewd again by the courts using strict scrutiny?
     

    embermage

    Active Member
    Sep 20, 2013
    747
    Rising Sun
    Hmm so if you win point 1, that they are protected arms under the 2A, do the other three points even matter? UnConstitutional is unlawful
     

    aquaman

    Ultimate Member
    Sep 21, 2008
    7,499
    Belcamp, MD
    Hmm so if you win point 1, that they are protected arms under the 2A, do the other three points even matter? UnConstitutional is unlawful

    For a court to apply strict scrutiny, the legislature must either have significantly abridged a fundamental right with the law's enactment or have passed a law that involves a suspect classification. Suspect classifications have come to include race, national origin, religion, alienage, and poverty.

    Im not a lawyer I had to look upstrict scrutiny. It seems if the court orders SS then the bold would invalidate the copy cat ban?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    INAL - but I'm fine with LEO/former LEO having an easier time getting what I can get too.



    No. LEO = Citizen = Me.

    To say that an LEO is more likely to use his legal firearm for the purposes of good is disingenuous. Regular citizens use their firearms to thwart crime and protect themselves all the time. Arguably more so than LEO.
     

    rockstarr

    Major Deplorable
    Feb 25, 2013
    4,592
    The Bolshevik Lands
    I am in the I have no idea what all the legalese stuff translates to as well. nor do I understand how strict scrutiny means anything to our case. what is strict scrutiny and how does it help us?
     

    aquaman

    Ultimate Member
    Sep 21, 2008
    7,499
    Belcamp, MD
    I am in the I have no idea what all the legalese stuff translates to as well. nor do I understand how strict scrutiny means anything to our case. what is strict scrutiny and how does it help us?

    Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest. A famous quip asserts that strict scrutiny is "strict in name, but fatal in practice."

    For a court to apply strict scrutiny, the legislature must either have significantly abridged a fundamental right with the law's enactment or have passed a law that involves a suspect classification. Suspect classifications have come to include race, national origin, religion, alienage, and poverty.

    from cornell law
     

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