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Criminal Law

: Crime and Consequences

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By Kent Scheidegger et al.

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Post-Heller Second Amendment Lawsuits: Lyle Denniston reports over at SCOTUSblog on the five Second Amendment lawsuits filed by the NRA last Friday, June 27, 2008. The lawsuits attack the constitutionality of gun control laws adopted in California and Illinois. Denniston's post provides links to each of the NRA's complaints. According to Denniston, each case addresses an issue that has not been before the U.S. Supreme Court since 1894 - whether the Second Amendment is applicable to state and local governments through the Fourteenth Amendment. In 1894, the Supreme Court stated the Second Amendment applied only to the federal government. However, a district court may find reasoning to overturn that decision, Miller v. Texas, based on the language used by Scalia'a majority opinion in Heller...continue to full post

Full post as published by Crime and Consequences on July 01, 2008 (boomark / email).

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