Why are there no juries in these 2A cases?
We were asked “Why don’t we see juries involved in all of these Second Amendment cases? The simple answer is “they are not needed”. Read on for why.
Court cases are decided in two different ways, on the merits of the case, and procedurally.
Consider the question “Does the District of Columbia’s restriction on having a functional firearm within the home violate the Second Amendment?”
Prior to 2008 many courts were using the collective right interpretation of the Second Amendment. With this in mind the most of these cases were dismissed for procedural reason. I.e. if you were not the militia challenging the restriction you did not have standing. Standing is a procedural issue.
Cases that are decided on a procedural basis can be brought up again once the procedural issue is corrected.
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