Quick read: Gov't says, yes, it's an individual right. BUT we join with DC in asking Court to reverse the DC Circuit, because it applied strict scrutiny to the DC law. It should only have applied an intermediate standard. That is, the legal position of the US is that DC Circuit was wrong, a complete ban on handguns is NOT per se unconstitutional, it all depends on how good a reason DC can prove for it. Some quotes:
"When, as here, a law directly limits the private possession of "Arms" in a way that has no grounding in Framing-era practice, the Second Amendment requires that the law be subject to heightened scrutiny that considers (a) the practical impact of the challenged restrictions on the plaintiffs ability to possess firearms for lawful purposes (which depends in turn on the nature and functional adequacy of available alternatives), and (b) the strength of the governments interest in enforcement of the relevant restriction.
The court of appeals, by contrast, appears to have adopted a more categorical approach. The courts decision could be read to hold that the Second Amendment categorically precludes any ban on a category of "Arms" that can be traced back to the Founding era. If adopted by this Court, such an analysis could cast doubt on the constitutionality of existing federal legislation prohibiting the possession of certain firearms, including machine guns. However, the text and history of the Second Amendment point to a more flexible standard of review."
The determination whether those laws deprive respondent of a functional firearm depends substantially on whether D.C.s trigger-lock provision, D.C. Code § 7-2507.02, can properly be interpreted (as petitioners contend, see Br. 56) in a manner that allows respondent to possess a functional long gun in his home.
And if the trigger-lock provision can be construed in such a manner, the courts below would be required to address the factual issuenot fully explored during the prior course of the litigationwhether the firearms that are lawfully available to respondent are significantly less suited to the identified lawful purpose (self-defense in the home) than the type of firearm (i.e., a handgun) that D.C. law bars respondent from possessing.
To the extent necessary, further consideration of those questions should occur in the lower courts, which would be in the best position to determine, in light of this Courts exposition of the proper standard of review, whether any fact-finding is necessary, and to place any appropriate limits on any evidentiary proceedings.
Moreover, even if the existing record proved to be adequate, initial examination of those issues is typically better reserved for the lower courts."
CONCLUSION
The Court should affirm that the Second Amendment, no less than other provisions of the Bill of Rights, secures an individual right, and should clarify that the right is subject to the more flexible standard of review described above. If the Court takes those foundational steps, the better course would be to remand."
As I read this, the (Bush) Dept of Justice is asking that the Court hold it to be an individual right, but not strike the DC gun law, instead sending it back down to the trial court to take evidence on everything from how much the District needs the law to whether people can defend themselves without pistols and just what the DC trigger lock law means.
THEN maybe it can begin another four year trek to the Supremes. That is, the DoJ REJECTS the DC Circuit position that an absolute, flat, ban on handguns violates the Second Amendment, and contends that it might just be justified, it all depends on the evidence.
There was a saying during my years in DC that the GOP operated on two principles: screw your friends and appease your enemies. Yup.
Every citizen has THE RIGHT TO KEEP AND BEAR ARMS. Period, CASE CLOSED. The weasel words of litigation and splitting hairs on the part of the gun control panzies makes me want to puke. Repeal the DC gun ban now. Then, immediately enact the gun laws that Vermont has and watch the violent crime rate drop at least 10% in DC.
#2
I suspect the government is in the predicament of the prospect of the SCOTUS creating a legal gap, in which lots of old laws can be repealed. For example, limits on machine guns, including medium and heavy guns, and even artillery and explosives.
The trouble is that those restrictions were made on the basis of limiting the 2nd Amendment, instead of on other grounds, as they should have been.
In other words, there is an absence of good law that makes reasonable restrictions on "arms", if not guns. Even the constitution says "arms", which makes it worse.
SCOTUS may choose to interpret "arms" in the 2nd Amendment to *solely* mean guns, but even this can create problems, with dual purpose "arms" that are not guns.
No matter what happens, there is the potential here for a lot a bad side effects.
#3
I don't know, I think I'd like a nice towed model 155MM to park in the driveway. It would definitely reduce the number of crazies I have coming to try to sell me "magazines", candy, and other stuff I don't want or need.
Posted by: Old Patriot ||
01/12/2008 19:51 Comments ||
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#4
You'd be besieged with parade organizers wanting you to come to "Their" event.
Posted by: Redneck Jim ||
01/12/2008 20:27 Comments ||
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#5
'moose, of course sense the supremos have a problem applying the "reasonable man" theory. Again, they're enough laws on the books for charging people who criminally use guns vice those that use them in self-def. Whether it be a .380 backup piece or a .50 cal sasser. The supremos other problem is that they're divided along political lines - the U.S. Const be damned. Any 8th Grader could read the 2d Amd and tell you what it means - as the founding fathers intended.
Posted by: Fred ||
01/12/2008 09:18 ||
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#1
Thanks Fred. I really like Steyn. His rant about the candidates drivelling on about "hope" was great. Raising Hope - hillarious or should I say Hucklarious, now starring Nicolas Cage.
Leaders do deal in "hope," - true, look at Shackleton - but "hope" is never a course of action.
#2
"-- incapable of lifting themselves up from the broken ruins of their tribal culture.
This is the root cause of Arab failure, and instead of embracing the modern world by reforming its culture the Arab political class has indulged in blaming others, most particularly Jews and Israel."
-$$$ Shot Quote! Though, I would've added the oppressive and counterproductive teachings of islam coupled w/their tribal culture.
I would go further & say that the entire civilized world is indebted to Mr. Bush.
#3
Indeed. While frustratingly far from perfection, he started fighting the war which had been ignored for so long.
Article by Salim Mansur in the Toronto Sun. His recent columns are equally blunt about Muslim problems at home and abroad. He is saying the things that we've wanted said by members of that community, and no doubt putting his life on the line by doing so.
Hezbollah leader Hassan Nasrallah told Arab League chief Amr Moussa that General Aoun is the one involved in negotiations over the Lebanese presidential crises. "Sayyed Nasrallah informed the Arab League delegation that Gen. Michel Aoun is the one involved in negotiations on behalf of the opposition regarding this crisis," a late night Hezbollah statement said.
The statement was released hours after Moussa met Nasrallah at an undisclosed location. Nasrallah urged Moussa to " maintain contacts with him (Aoun) in order to reach the desired result," it said. In other words Nasrallah was saying : Dont talk to us , talk to Aoun.
But the majority has made it crystal clear that it does not want to talk to Aoun and considers him the core of the problem in the Lebanon crises. Aoun according to a source at the majority does not know how to negotiate all he knows is how to dictate
This statement means the end of Moussas mission and Lebanon is back to square one.
This statement by Hezbollah according to political analysts means the end of Moussas mission and Lebanon is back to square one. As we reported yesterday Moussa has met so far almost all the Lebanese rival leaders and he maintained a positive attitude throughout . Moussa was so optimistic that he told reporters this time we dont need miracles to succeed in ending the crises.
The meeting with Nasrallah changed everything . It is now clear that neither the Iranian nor the Syrian officials were telling the truth about their support for the Arab initiative. Now it is clear that the Syrian and Iranian officials said publicly something and privately something different. Now we know why Syria closed its border crossing with Lebanon yesterday . Now we know what Ali Larijani told the Hezbollah officials in Tehran on Monday. It is crystal clear that Iran and Syria want Lebanon to remain under their thumb as a destabilized country they like the crises and dont want it to end.
Moussa as we recommended 2 days back should pack up and go to Tehran and Damascus where the decisions for the opposition are made . He is wasting his time in Lebanon. Otherwise Moussa will badly need a miracle to succeed in ending the crisis.
Posted by: Fred ||
01/12/2008 00:00 ||
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A multi-volume chronology and reference guide set detailing three years of the Mexican Drug War between 2010 and 2012.
Rantburg.com and borderlandbeat.com correspondent and author Chris Covert presents his first non-fiction work detailing
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Rantburg was assembled from recycled algorithms in the United States of America. No
trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.
Hezbollah leader Hassan Nasrallah told Arab League chief Amr Moussa that General Aoun is the one involved in negotiations over the Lebanese presidential crises. "Sayyed Nasrallah informed the Arab League delegation that Gen. Michel Aoun is the one involved in negotiations on behalf of the opposition regarding this crisis," a late night Hezbollah statement said.
