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

KYL: Let me -- I -- excuse me. I appreciate your answer.

What would be the test that would be applied by a court in the event that a state said because of the danger that firearms to present to others, we're going to require that only law enforcement personnel can own firearms in our state, and someone challenged that as an affront to their rights, they would say the federal government can't take that right away from us because of the Second Amendment.

What would the test be that the court would apply to analyze the regulation of the state?

SOTOMAYOR: Well, that's very similar, although not exactly, if I understood it, to the Heller, the facts in Heller. And the court there said that the regulation in D.C. was broader than the interest asserted.

That question in a different state would depend on the circumstances of it's barring...

KYL: Well, is -- excuse me for interrupting.


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