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Criminal Law

: Sentencing Law and Policy

NRA quickly petitions SCOTUS for Second Amendment incorporation

By Douglas A. Berman

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As detailed in this post at SCOTUSblog, only one day "after losing a major test case in an appeals court on the scope of the Second Amendment, the National Rifle Association ? the nation?s leading advocate of personal gun rights ? asked the Supreme Court on Wednesday to apply the Amendment to state, county and city government laws that seek to regulate firearms."  The NRA's cert. petition can be accessed at this link (via The Volokh Conspiracy), and here are a few notable snippets: The First, Second, and Fourth Amendments all refer to ?the right of the people? to do certain things or be free from certain governmental restraints.  The Second Amendment has a purpose clause clarifying that exercise of the right makes possible a well regulated militia, which is ?necessary to the security of a free state...continue to full post

Full post as published by Sentencing Law and Policy on June 04, 2009 (boomark / email).

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