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Old 10-04-2021, 4:44 AM
rplaw rplaw is offline
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Quote:
Originally Posted by Paladin View Post
For those CGN members who think SCOTUS in Heller declared a right to carry, either generally or specifically as OC and/or CC, this quote from J. Thomas’ denial of cert dissent in Peruta (also signed by Gorsuch), shows they don’t agree with you.

From II, B carry over sentence at bottom of p. 4:

https://www.supremecourt.gov/opinion...6-894_p86b.pdf

Thomas does not say they held there was a RBA in Heller, much less a Right to OC specifically. Just that Heller “suggested” the 2A protects a RBA in “some fashion.” IOW Thomas is saying their dicta only suggested a RBA in public.
So, the dissent quotes the majority and then backs it up with citation to a second case saying that to bear means to wear, carry, etc. and yet you believe the court didn't say it? That they only "suggested" it?

If so, then why the secondary cite in Heller to a previous case which says the same?


Or do you believe that when the court repeats itself, even in dicta, it means nothing at all?

And how does that square with Scalia saying that the 2a isn't meant for carrying a gun from the bedroom to the kitchen? Adding all of those facts together should make you think about what the court is really telling you. Although I did encounter a judge once that told me in a similar situation that "that's not what the court said!!!!" At which time I pointed out to the judge his statement means that Sherlock Holmes could never have solved a single case if he relied on such a premise.

We take immutable facts, string them together, and come to the inescapable conclusion they lead us to. In this case, Heller did indeed say that you have a RTB. It didn't just come out and spoon feed us with those specific words in one sentence for everyone to quote unthinkingly. Probably because they assume (probably wrongfully) that we're intelligent beings who can rationalize our way through an argument with the facts we're given.

I liken this to a word problem: You have a pasture 1 acre square and you want to fence it in, how many feet of fencing do you need to go around the pasture?

The answer most people come up with? Take the bus to go around the pasture, there's even a schedule to tell you when the bus will be there so you don't have to wait for a long time.

Or, the CG version: What fence? Nobody said nuttin' 'bout no fence, they were asking for a referral to a contractor.
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Last edited by rplaw; 10-04-2021 at 6:18 AM..
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