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In reply to the discussion: US Appeals court strikes down Illinois ban on concealed carry [View all]TPaine7
(4,286 posts)picked up a pen (figuratively speaking) to write his opinion. I made some of the same arguments and cited some of his sources right here on DU. I am not keeping his company, he is keeping mine (though of course I didn't influence him).
The "sounder and more persuasive argument" ignored the history I spoke of, in part because the 14th Amendment was not directly implicated. If you look at history in its entirety, the minority opinion defies history; in order for it to be correct, the explicitly expressed intent of the framers of the Fourteenth Amendment, the Amendment itself, multiple statements of Congress and lots of (non-racist) precedent have to be thrown out.
There is a reason why the vast majority of qualified scholars have capitulated on this subject. Many hate the Second Amendment so they have not suddenly sworn fealty to the NRA; they actually looked at the evidence.