FoxtrotIndia Posted January 24, 2020 at 08:59 PM Share Posted January 24, 2020 at 08:59 PM 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 30shttps://multimedia.illinois.gov/court/AppellateCourt/Audio/2020/1st/011420_1-18-1846.mp3 Link to comment Share on other sites More sharing options...
Molly B. Posted January 24, 2020 at 11:12 PM Share Posted January 24, 2020 at 11:12 PM It does make the head hurt, they have to really twist that logic to fit their argument!! There is a discussion of this case over at this link: http://illinoiscarry.com/forum/index.php?showtopic=73946 Link to comment Share on other sites More sharing options...
ragsbo Posted January 25, 2020 at 01:18 AM Share Posted January 25, 2020 at 01:18 AM You have to be a special kind of liar to do what some of the lawyers do! (Not all, but you know who I am talking about) Link to comment Share on other sites More sharing options...
Raw Power Posted January 25, 2020 at 02:19 AM Share Posted January 25, 2020 at 02:19 AM Wow... Link to comment Share on other sites More sharing options...
JTHunter Posted January 26, 2020 at 04:09 AM Share Posted January 26, 2020 at 04:09 AM This reminds me of the old joke on how to tell the difference between a lawyer and a carp. One is a dirt-sucking bottom feeder and the other is a fish. Link to comment Share on other sites More sharing options...
kevinmcc Posted January 27, 2020 at 04:56 AM Share Posted January 27, 2020 at 04:56 AM I can't believe there are lawyers out there ready to sell out their own rights for money... Link to comment Share on other sites More sharing options...
kevinmcc Posted January 27, 2020 at 05:49 AM Share Posted January 27, 2020 at 05:49 AM The courts and opposing lawyer are amazing if you can argue marriage which is not a constitutional right is a fundamental right that gets strict scrutiny, but the 2A is not a fundamental right and does not get strict scrutiny. Link to comment Share on other sites More sharing options...
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