New Posting up at Jurist.law.pitt.edu

Here is a piece that I have just had posted at Jurist.law.pitt.edu

What is also interesting is how the Supreme Court has rewritten the question posed by DC. DC originally asked that the question be: "Whether the Second Amendment forbids the District of Columbia from banning private possession of handguns while allowing possession of rifles and shotguns." The new question is: “Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”

What is most striking about this revised question is that the court appears to be questioning the city's claim that the ban comes "nowhere close to disarmament of residents. The District's overwhelming interest in reducing death and injury caused by handguns outweighs respondent's asserted need . . . ." DC adds that they don't believe that the regulations that lock up and require the disassembling of guns does not "prevent the use of a lawful firearm in self-defense." Of course, this is highly debatable because under DC law as soon as a rifle or shotgun is made operational it becomes illegal.

But taking DC claims as accurate, locked guns are simply not as readily accessible for defensive gun uses. In the U.S., states that require guns be locked up and unloaded face a 5 percent increase in murder and a 12 percent increase in rapes. Criminals are more likely to attack people in their homes and those attacks are more likely to be successful. . . .