Saturday, July 09, 2011

That Pesky 2nd Amendment

That pesky 2nd Amendment in in the news again, this time yet again from that cesspool of political corruption and crime known as Chicago. As Dave Kopel wrote over at Volokh Conspiracy:
The Seventh Circuit’s decision in Ezell v. Chicago is a tremendously important case for Second Amendment doctrine. The key rules from Ezell: use originalism from both 1791 and 1868 to determine if an activity is within the scope of the Second Amendment right. If it is, apply First Amendment doctrine, and make the standard of review more stringent when the activity is closer to the core of the right, and when the government is prohibiting rather than regulating.
There is plenty more here, with a link to the decision itself, which is lengthy but quite interesting for its reasoning. Well worth a read.

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