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this post was submitted on 11 Feb 2024
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politics
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It would invalidate every firearm regulation at the federal level. None of them include carve outs for militia.
Do you need to explicitly include carve-outs or are those implicit? Don’t laws just get interpreted with the constitution in mind, without having to be completely thrown out? Genuinely asking!
I try to be nice to people asking questions.
edit: I mean, if you don't understand, and I didn't answer your question, please feel comfortable to ask more questions.
If you have a law that says "a person cannot carry a gun in a courthouse", that would mean everyone, including police, cannot carry a gun in a courthouse. You can say, "felons cannot possess firearms." I guess that "exempts" people who are not felons implicitly.
I'm not sure if I understand your question correctly. A portion of a law can be struck down without the whole law being struck down as unconstitutional.
Thanks, I think you answered with your last sentence. They could conceivably just make the part of the law that affects militia members invalid, and keep the rest. Or do they have to literally strike out clauses in the language of the law? If it’s worded too generally it would be impossible to do so without gutting it.
I think that depends on how the law is written and in what way the law is unconstitutional.