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The Water Cooler
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How to cancel your NRA membership
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<blockquote data-quote="vvvvvvv" data-source="post: 1313849" data-attributes="member: 5151"><p>Actually, if the NRA had not compromised with Due Process and had floated and lost using the Privileges or Immunities argument, the status quo would have remained the same, except that there would have been a recent precedent to consider revisiting Slaughter-House.</p><p></p><p>However, by achieving incorporation through Due Process, we have lost the ability to have our right to keep and bear arms be protected as an Immunity of a United States citizen. It is clear by the wording "shall not be infringed" that the Second Amendment is an Immunity protected by the Constitution, not granted by the government.</p><p></p><p>In light of Heller and McDonald, we now have a much tougher fight for the protection of gun rights in America. Each and every aspect of our rights that were supposed to be <em>protected</em> by the Second Amendment are now subject to Due Process to determine if they are in fact <em>granted</em> by the Constitution. According to the Supreme Court, the only right that is <em>granted</em> by the Second Amendment is the right to own a firearm for the purpose of self defense within your own home. According to the Supreme Court, you currently have no other gun rights except what has been explicitly approved by the Court pending further litigation.</p><p></p><p>With incorporation through Due Process in McDonald, we have likely lost the ability to fight for incorporation through the Privileges and Immunities Clause. The glimmer of hope is that the next case involving incorporation (most likely Nordyke) will be heard before a court that considers the fact that the majority was split, albeit 4-1, on Due Process vs Privileges and Immunities. But that piece of hope is unlikely to come to pass.</p></blockquote><p></p>
[QUOTE="vvvvvvv, post: 1313849, member: 5151"] Actually, if the NRA had not compromised with Due Process and had floated and lost using the Privileges or Immunities argument, the status quo would have remained the same, except that there would have been a recent precedent to consider revisiting Slaughter-House. However, by achieving incorporation through Due Process, we have lost the ability to have our right to keep and bear arms be protected as an Immunity of a United States citizen. It is clear by the wording "shall not be infringed" that the Second Amendment is an Immunity protected by the Constitution, not granted by the government. In light of Heller and McDonald, we now have a much tougher fight for the protection of gun rights in America. Each and every aspect of our rights that were supposed to be [I]protected[/I] by the Second Amendment are now subject to Due Process to determine if they are in fact [I]granted[/I] by the Constitution. According to the Supreme Court, the only right that is [I]granted[/I] by the Second Amendment is the right to own a firearm for the purpose of self defense within your own home. According to the Supreme Court, you currently have no other gun rights except what has been explicitly approved by the Court pending further litigation. With incorporation through Due Process in McDonald, we have likely lost the ability to fight for incorporation through the Privileges and Immunities Clause. The glimmer of hope is that the next case involving incorporation (most likely Nordyke) will be heard before a court that considers the fact that the majority was split, albeit 4-1, on Due Process vs Privileges and Immunities. But that piece of hope is unlikely to come to pass. [/QUOTE]
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