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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?

To: J_F_Shepard who wrote (892427)	10/8/2015 6:06:15 PM
From: Wharf Rat	Read Replies (1) \| Respond to of 1574296

"we have to repeal the 2nd???" No...: "A well regulated Militia" just requires regulations. A surprise for the NRA? Justice Scalia may be open to tighter gun control laws CHRIS WALLACE: You wrote in 2008, the opinion in District of Columbia v. Heller, the majority opinion that said the Second Amendment means what it says, people have a right to bear arms. Question: how far does that constitutional right go? Can a legislature ban semiautomatic weapons or can it ban magazines that carry 100 rounds without violating an individual’s constitutional right to bear arms? ANTONIN SCALIA: What the opinion Heller said is that it will have to be decided in future cases. What limitations upon the right to bear arms are permissible. Some undoubtedly are, because there were some that were acknowledged at the time. For example, there was a tort called affrighting, which if you carried around a really horrible weapon just to scare people, like a head ax or something, that was I believe a misdemeanor. So yes, there are some limitations that can be imposed. What they are will depend on what the society understood was reasonable limitation. There were certainly location limitations where – CHRIS WALLACE: But what about these technological limitations? Obviously, we’re not talking about a handgun or a musket. We’re talking about a weapon that can fire a hundred shots in a minute. ANTONIN SCALIA: We’ll see. I mean, obviously, the amendment does not apply to arms that cannot be hand-carried. It’s to keep and bear. So, it doesn’t apply to cannons. But I suppose there are handheld rocket launchers that can bring down airplanes that will have to be–it will have to be decided. CHRIS WALLACE: So, how do you decide if you’re a textualist? ANTONIN SCALIA: Very carefully. My starting point and ending point probably will be what limitations are within the understood limitations that the society had at the time. They had some limitation on the nature of arms that could be born. So, we’ll see what those limitations are as applied to modern weapons. msnbc.com