Supreme Court Grants Cert for DC Gun Ban Case

Whatever one thinks is the obvious meaning of "shall not infringe," this case is a big risk. I would have thought that the first amendment was clear with "shall pass no law," but the court interpreted this as "Congress shall pass no law unless it has a good reason." The case is likely to be closely decided.

Probably one reason why the court took an extra week to announce that they were taking the case was because they were rewriting the question before the court:

Here is the way the Court phrased the granted issue:

“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?”

The Scotusblog has a useful discussion of the case.

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Anonymous valentesq said...

Any court that can find a Constitutional right to birth control or abortion (where none such is written) if being honest, would have to find the language and intent of the 2nd Amend is to protect the individual from oppression or attack.
You mean to tell me that a woman has a constitutional right to protect her body from a microscopic sperm cell or zygote, but no right to protect her body from a 180 lb assailant?

11/20/2007 4:04 PM  
Anonymous dwlawson said...

It is not so much a big risk. Many areas, such as my city of residence---Chicago) are free to act as if there is no 2A already.

This ruling will help, but it is all about passing good legislation.

11/20/2007 7:40 PM  
Anonymous Anonymous said...

To all Citizens, carry your gun and fight back, the police isn't there to protect your life, only to stop someone from trying to kill you. they will not put them self's in front of a shooter to save your sorry ass. So, what other options are there????
Arm your self and kill or be killed.

11/24/2007 1:53 PM  

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