@InfraBlue,
InfraBlue wrote:Nope. That comes up when someone is opposing a law.
Well, if you want to put the burden of justifying your proposal on me, I decline to justify your proposal.
Therefore no compelling government interest has been demonstrated and your proposal is unconstitutional.
InfraBlue wrote:What's more,
according to Cornell Law School, "the Supreme Court has refused to endorse the application of strict scrutiny to gun regulations, leaving open the question of which precise standard of review is to be employed when addressing the Second Amendment."
Wishful thinking there. Strict scrutiny is the standard for fundamental rights.
And "refused to endorse" is misleading. The Supreme Court has already cast four votes for strict scrutiny, with Thomas not being the fifth vote for strict scrutiny only because he was taking an even-more-hard-line position.
InfraBlue wrote:Nuh-uh. That's merely your interpretation.
Not exactly. It is the Supreme Court's interpretation. I was just working within the limitations laid down in Heller. I'd actually be glad to extend full militia rights to all citizens.
Militiamen have the right to have M-16s (and I don't mean neutered semi-auto-only versions), 40mm grenade launchers, grenades (both hand-thrown and 40mm), and 84mm anti-tank bazookas. Militiamen also have the right to keep their weapons at home.
Just imagine if a criminal came at you in full body armor and you fired an 84mm bazooka into their chest. No amount of body armor could withstand something like that.
http://en.m.wikipedia.org/wiki/AT4
So, if you want to argue for extending militia rights to everyone, I'm with you.
I know which closet I'll keep my bazookas in if you ever get the courts to agree with you.
But note: Extending militia rights to everyone still wouldn't provide any compelling government interest in restricting the number of guns that someone can own. In fact, militiamen would have an even stronger right to have a large arsenal.