Tag Archive for 'Second Amendment'

The Whole Shooting Match

Published
by
Dr. Bombay
on 06/26/08
in Constitution and Law
. 50 Comments

So I’ve just finished reading Scalia’s opinion in D.C. v. Heller (my apologies to my current employer), and I think my punt analysis was close to the mark. Yes, the D.C. gun ban went the way of the buffalo, based on a sophisticated analysis of the role of guns in society.

The decision states that the weight of historical research supports the position that the right of law abiding citizens to secure their other rights through force of arms is guaranteed by the Constitution. The D.C. gun ban failed because it included “the absolute prohibition of handguns held and used for self-defense in the home.” (Being churlish for a moment, I wonder what will happen if the citizens of the District decide to use their new found gun right to secure their right to vote?)

Other than that finding however, (which I grant is significant) not a whole heck of a lot seems to change in terms of the regulation of firearms under the police powers granted to the state. The decision expressly notes that “like most rights, the right secured by the Second Amendment is not unlimited.” It goes on to note that

nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

and

we think that limitation is fairly supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons.

So Big Show’s dream of rocking himself to sleep while cuddling an AK-47 are probably not right around the corner. Keep hope alive buddy!

It seems to me that this has just opened up the court system to another 30 years of regulations and lawsuits, trying to flesh out the boundries of what constitutes appropriate regulation outside of a complete ban. Finger printing? Registration? Licensing requirements? If none of these prevent a law abiding citizen from using a firearm in a lawfully contemplated manner (e.g. home defense), is that a problem?

As I mentioned before, I’m sure this will be hotly debated, so have at it.

D.C. v. Heller Prediction

Published
by
Dr. Bombay
on 06/25/08
in Constitution and Law
. 6 Comments

So tomorrow, the Supreme Court is expected to issue its findings in D.C. v. Heller, the first substantive review of Second Amendment rights in over 70 years. Legal nerds that we are, we’re more than a little curious as to what the Court is going to conclude. While the decision will no doubt be endlessly debated here over the next couples of days, I’m going to make a prediction right now.

They punt.

I figure the D.C. gun ban is toast. I’m also guessing that since the Supremes realize that the total elimination of any sort of gun regulation would be highly problematic, they are going to figure some weasel out of it. The decision will include some sort of grand pronouncement about the Second Amendment representing and individual right, and some sort of nebulous statement as to how that doesn’t preclude the state from regulating everything.  This (of course) will continue to be endlessly litigated. One important caveat. Scalia is expected to write the opinion, so who knows? He may mandate that every citizen car a broadsword.

Please note that if they do toss any regulation, we’ll be raffling off  the Official Fight the Hypo Stinger Missile starting Friday.