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Constitutional Law
: Of Arms and the LawWashington State Supreme Court on incorporation
State v. Sieyes (pdf), handed down today. Defendant was charged with possession of a handgun by a minor. The court, in an extremely thoughtful ruling (citing Joyce Malcolm, Eugene Volokh, William van Alstyne and others) rules that the 14th Amendment due process clause incorporates the right to arms and makes it binding on the States, then remands for a determination as to whether the law passes muster (which was barely briefed). The dissent argues there is no need for remand, because strict scrutiny applies and the law fails that test. The dissent has interesting references to teenager possessing arms, and serving in the militiary, throughout American history.
Full post as published by Of Arms and the Law on February 18, 2010 (boomark / email).
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