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Super Moderator - Patron
LugerForum Life Patron Join Date: Dec 2009
Location: Eastern North Carolina, USA
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The reasoning behind Second Amendment cases will change from now on as a result of this case.
Thomas specifically found that the lower courts were treating the Second Amendment rights as "second class" rights, and he found that unacceptable. The mechanism was a two part test which first determined if a law affected the constitutional rights of a citizen, and then applied a balancing test between the impact of that infringement versus the public benefit of that infringement. This was intended (after Heller) to be done at "intermediate scrutiny". Courts subsequently abused the Second Amendment over and over again in their lower court findings. Thomas stated that this was unacceptable, and the Court majority indicated that the two step reasoning was no longer to be applied to Second Amendment cases. If the law infringed on a Constitutional right, it will be considered unconstitutional, period. New York has immediately started scheming on ways to find large parts of the state "too sensitive" for concealed carry.
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