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Old 05-12-2019, 2:45 PM
aBrowningfan aBrowningfan is offline
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Originally Posted by Kukuforguns View Post
I think you should re-read Justice Thomas's dissent:

Next, read Justice Kavanaugh's dissent in Heller II:

As the two passages I quoted (and more passages in the full dissents) indicate, the justices are proposing/shaping a new test for determining the constitutionality of laws regulating firearms that does not utilize the rational basis/intermediate/strict scrutiny analysis. If a regulation is not consistent with the text, history, and traditions of the Second Amendment, then the regulation fails.

I think you can expect a Christmas present when the NYSRPA opinion is published, but don't expect the Christmas present to look like strict scrutiny.
Only question is how CJ Roberts votes.
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