Friday, October 15, 2010

Sensible state court opinion on Second Amend.

The first good state court opinion on the Second Amendment since McDonald v. Chicago (2010) made the Second Amendment applicable against the states. Unfortunately, neither the Heller nor McDonald decisions specify a test or standard or review. What's good about this state court opinion is the application of "strict scrutiny" judicial review which puts some real teeth in the right. Note, however, that this is a trial court decision, not an appellate court decision, and thus has no weight as a precedent. But, you've got to start somewhere. Be sure to read the facts. This is not a guy in a bar with a .44 magnum. Go to the link, scroll down, and read the opinion in Wisconsin v. Schultz. LINK

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