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Third Circuit: Second Amendment
called a Second Rate Right
alerts2018 / alert20181218.htm

Third Circuit: Second Amendment
called a Second Rate Right

By Dean Weingarten. December 12th, 2018
Original Source

In a split decision, a three judge panel at the Third Circuit Court of Appeals effectively ruled the Second Amendment of the Bill of Rights is a second-rate right, not entitled to the full protections of other enumerated rights. The opinion was filed on 5 December, 2018. The case is Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 18-3170 (3rd Cir. 2018).

The two majority judges followed the trend of other Circuits where the Second Amendment is being degraded and reduced to second-rate status. Only a month ago, the First Circuit ruled the Second Amendment does not apply outside of the home.

The rogue Circuits are able to do this because the Supreme Court has been refusing to hear Second Amendment cases for nearly a decade. The Supreme Court only hears a limited number of cases. They are not required to hear all cases.

Some Circuit courts are gutting the Second Amendment by claiming it is not really a right. Rather, they say, it is a privilege the government may regulate if the government thinks it might do some good to regulate it. .......

It takes the breath away to think that justices can even consider regarding the Second Amendment as second rate! To treat anything within the Bill of Rights as other than stated rights is near criminal - rights are not negotiable or privelage and this is hardly an example of Constitutional law being followed. Apparently some justices cannot grasp the meaning of "shall not be infringed" and instead choose to be legislators, which is certainly not their prerogative.

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