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A Major Blow For Freedom DC gun control laws have been stricken down, in accordance with the (properly interpreted) Second Amendment. It's probably a good bet that this will go to the Supreme Court (which may get an opportunity to clarify Miller so that we can finally put a stake through the heart of the nonsensical "collective right" argument). This seems like a pretty big deal to me. [Via Instapundit] [Update a few minutes later] If Giuliani has any political acumen whatsoever, he will laud this ruling, and pledge to nominate judges that would uphold it. [Update after noon] As Kathryn Jean Lopez notes, it would be useful to hear from all of the presidential candidates (both parties) on this issue. [Late afternoon update] For those who (like people in comments who shall remain nameless...errrr...unless you read the comment) are concerned that this won't be heard by the court, Glenn Reynolds has a roundup of links on the subject, some of which lead to arguments that it's very likely to (by Volokh, at least). Of course, going to the SC is a double-edged sword. Given the current composition, be careful what you wish for... Posted by Rand Simberg at March 09, 2007 08:27 AMTrackBack URL for this entry:
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Comments
"Judge Henderson's ... main point is that ... the Second Amendment's protections, whatever they entail, do not extend to the District of Columbia, because it is not a State." Wow. Just.... WOW. What other amendments would not apply in D.C.? Perhaps we could do some unreasonable search and seizures on some Senatorial and Judicial apartments? Maybe station troops in their homes and offices? Posted by Scott Lowther at March 9, 2007 12:22 PMHeh. If the mention of "state" in the dependent clause doesn't exempt D.C. from its application, that does kind of jolt the contention that the RKBA is a right held only by governments of same. I'm less confident that SCOTUS will hear this case. They seem to have been quite happy for decades with the existing hodgepodge of Second Amendment jurisprudence. Posted by McGehee at March 9, 2007 01:29 PMWhat other amendments would not apply in D.C.? Perhaps we could do some unreasonable search and seizures on some Senatorial and Judicial apartments? Maybe station troops in their homes and offices? I'd be happy to just bind and gag them, myself. Posted by Rand Simberg at March 9, 2007 01:33 PMAll well and good but to what does this ruling apply? The ownership of guns? The carrying of guns, concealed or otherwise? There's been talk of Bloomberg getting his with this ruling but I haven't seen how this might effect the NYC gun laws. In NYC, most guns are effectively banned through the onerous process of obtaining a license. Posted by D Anghelone at March 9, 2007 03:15 PMAh yes, You must be one of the 'more equal' animals like Pinchy Schultzburger to get a concealed carry permit there. Posted by Mike Puckett at March 9, 2007 05:22 PMPosted by Scott Lowther at March 9, 2007 12:22 PM bizzare logic...the people's rights exist in any situation where US jurisdiction is "supreme". This is a great victory for the Founders...and for us. Robert Posted by Robert G. Oler at March 9, 2007 07:53 PMI doubt that Giuliani will support that ruling. His demographics aren't the SUV, NASCAR, jesusfreaks, rural voters that wet dream over their guns at night. His support comes from college educated suburban and urban types, a growing majority of voters in this country. Posted by Don at March 10, 2007 05:32 AM and then there are those of us who support the ruling who dream of The Constitution at night... Robert Posted by Robert G. Oler at March 10, 2007 07:05 AMI know quite a few college-educated, suburban/urban types who support the Second Amendment as strongly as the rest of the Constitution. Be careful of over-generalizing. Real life is not as black and white (or perhaps red and blue) as it is on television, on the silver screen, or in the printed word. I guess upholding the Constution is something Don consders a turn-off when voting. Perhaps it does not appeal to his maleducated suburban Kool-aid drinker demographic but it does to serious, informed voters. Funny thing about gun control as a political issue, except for a few hardcore urban areas, supporting the constution rights of the gun owner is always a plus. Truly educated people understand and support the second amendment. I am sorry, but only idiots don' get it on this one. What part of 'shall not be infringed' do you find so hard to understand? The overwhelming majority of support for gun control is a mile wide and a millimeter deep. The opposite is not true. Sorry Don, your fantasy demographic just does not base its vote on this issue regardless of whatever trivial lip service it pays to it. Posted by Mike Puckett at March 13, 2007 06:13 AMPost a comment |