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Oral Arguments For Guns save lives V. Zahra Ali


FoxtrotIndia

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Judge - "... Also how do you justify a tax on the fundamental Second Amendment right"

 

Lawyer - "Well your honor, when we look at the fundamental right unlike the fundamental rights, the right to free speech, right to religion, right to vote, this funda....this right before us now is subject to the conditions and qualifications. They set that forth in Heller and the conditions and qualifications of commercial sale of firearms. And that's what we have here, that it is only a or a qualification and as such it does not trigger the strict scrutiny. As we look at all the courts across the country, if the courts wanted to treat the Second Amendment as a fundl right... as a fundamental right, they would imply strict scrutiny and there are no courts that are doing that. So, and if Heller wanted to have treated this as a fundamental right, which it didn't because it specifically uhm, just..."

 

Judge - "So you're saying it's not a fundamental right?"

 

Lawyer - "It's not a fundamental right."

 

Someone? "Wh..What isn't, the Second Amendment?"

 

Lawyer - "The Second Amendment is not a fundamental right. Cause if it was it would be subject to strict scrutiny and as you can see here it clearly should be, if anything, intermediate scrutiny.

 

 

Me - "My head...it hurts..."

 

Timestamp is ~39m 30s

https://multimedia.illinois.gov/court/AppellateCourt/Audio/2020/1st/011420_1-18-1846.mp3

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