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Sen. Kyl's Second Round of Questioning at Judge Sotomayor Confirmation Hearing

If the Supreme Court does not review that issue, then is it the case that, at least in the Second Circuit and the Seventh Circuit, the states that are in the Seventh and Second Circuit, those states could pass laws that restrict, or even prohibit, people from owning firearms?

SOTOMAYOR: I do not hold -- it was not incorporated. I was on a panel that viewed Supreme Court precedent and Second Circuit precedent as holding that fact.

KYL: Right.

SOTOMAYOR: You can't talk in an absolute. There always has to be a reason for why a state acts. And you -- also has to be a reason for the extent of the regulation the state passes.

And so the question in Maloney for us was a very narrow question, which was are these nunchuck sticks, and I have described them previously as these martial arts sticks tied together by a belt that, when you swing them, if somebody comes by, there could be -- it's not serious deadly force in some situations -- whether the state had a reason recognized in law for determining that it was illegal to own those sticks.

The next issue that would come up by someone who challenged the regulation would be what's the nature of the regulation, and how does it comport with the reason the state gives for the actions it did. So it -- absolute regulation, it's not what I would answer. I would answer with the regulation...


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