Quote:
Originally Posted by Gecklund311
Peter, am I correct in saying that the Heller decision still allows for significant discretion regarding the regulation of types of guns sold as well as who can buy them? As I understand, there is a fair amount of flexibility so long as the law doesn't effectively disarm citizens as the DC laws were interpreted to do.
|
Time place and manner restrictions have been upheld against First Amendment challenge even though the Amendment says Congress shall make NO LAW abridging the freedom of speech. I suspect the same is true in the Second Amendment context although I don't know the area that well. I personally thought the decision was wrong, and that the Second Amendment does need to be read with the Militia Clause as a limiting factor, but nobody asked me.