Thursday, August 17, 2006

SAF and NRA suit vs New Orleans still alive

There's talk of this being a case that might make it to the Supreme Court, and that if it did it could be the one that affirms the 2nd as an individual right.

But would it matter? Should we (as gun-owners and freedom-lovers) be rooting for it to get to the Supremes? Let's look at the possible outcomes:

1. It goes to the Supreme Court, and the suit is upheld. The Court rules that the 2nd is an individual right but... Well, I'll just say that I agree with David on how it would turn out:

Prediction: A Second Amendment case will be heard by the Supreme Court in the next few years, and it will confirm an individual right. However, the ruling will be so narrow that it will not override state interest claims. It will not require a strict scrutiny standard, but rather an intermediate one. And it will certainly not overturn "assault weapon" bans, open the door for viable challenges to permitting schemes, or declare registration mandates, background checks, and similar prior restraints unconstitutional infringements.In short, we will achieve a "status quo," where the vast majority of "existing gun laws" are deemed enforceable and prosecutable, rather than repealable.

2. It goes to the Supreme Court, and the suit is dismissed. The Court rules that the 2nd is NOT an individual right. The legislative floodgates are opened and we speed down the path toward total private firearm prohibition.

On the surface, it doesn't look like gun owners have much to gain by having a 2A case come before the Supremes. Unless you think about what might happen if enough people got riled up about number two...

File under: Gun Laws

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