Western Rifle Shooters Association

Do not give in to Evil, but proceed ever more boldly against it

Tuesday, March 18, 2008

Heller and the Supremes

Here's David Hardy's notes on the oral argument today. His initial call:

...My guess is a 5-4 for us, possible a bit better but I wouldn't bet on it, and a narrow opinion by Roberts: a total ban on a class of arms violates the 2nd Amendment. The lower courts can figure out any additional inplications, and after a few years we may take another case to flesh it out some more. As Roberts pointed out, first amendment standard of review is a creation of the courts, and they took years on it.

Key event: Justice Kennedy turns out to be strongly pro individual rights. Read the notes.

The blog run by big DC law firm Akin Gump has this recap.

My call?

- RKBA is an individual right

- subject to reasonable regulation in furtherance of important governmental objectives (i.e., intermediate scrutiny)

- requiring the current DC ban to be re-written to pass Constitutional muster

- but permitting the continuation of 90%+ percent of existing gun laws

- including the new AWB II to be enacted in the first 100 days of the new Administration and Congress in 2009.

Tempus fugit.


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