Posted: 7/27/2007 8:47:55 PM EDT
| Say the Supreme Court says the 2nd amendment is a group right and not individual what happens then? Will gun owners be forced to form para-military groups in order to keep their guns? |
Nothing will change. The de facto status is now "collective right" No gun law has been over turned on 2A basis. The only thing stopping gun control legislation right now is voter anger. If we win, however, lots of gun control laws will be at risk. Especially if there is a 14th amendment tie in. I have read the complete opinion (including dissent) from the DC court. The legality of local legislation is not at risk. The court specifically says that legislation restricting concealed carry is constitutional and also does not question (specifically includes as an example as legal as a matter of fact) mandatory gun registration. What the opinion states is that you cannot disallow ownership of firearms without a reason. Registration and laws restricting concealed carry would not be stopped by the SCOTUS supporting the decision. The 1968 GCA would definately be at risk as would the the restrctions in the FOPA. The Clinton Gun Ban would also probably be overturned. |
I've read some interviews with Bob Levy, and it seems he plans on pushing for incorporation with the 14th amendment. |
What about the 86 ban on new MGs? Would that be at risk? Vulcan94 |
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No, we will be forced to ignore the court ruling, any laws associated with it, get busy and ram through some new laws that undo the damage the courts have done. Unfortunately, we need to reafirm the meaning of the 2nd Amendment. Time for new laws with jail time for govt officials who would usurp the 2nd. Such as the New Orleans Chocolate Mayor Nagin and his police supt. |
First the 68 "sporting clause" would have to go down, then the 86 would follow. Each would require its own court case. This will not be over with quickly and you will not enjoy it. |
I already know that we gun owners have a long row to hoe. Vulcan94 |
Funny, just finished watching "300" on DVD. First time seeing it. Great movie. Carry on. 
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The good part is that if we win then any restrictions on the 2nd will be subject to "resonable and necessary". Given that we have 10 years of data from the Clinton Gun Ban to support our side that sweeping gun control laws do not reduce crime it makes it hard for the other side to come up with a compelling argument that these laws are resonable and necessary. If we loose then then we will see a major back lash and pro-2nd laws getting pushed through Congress rappidly. All we need is a bright line ruling from SCOTUS to end the debate and move things forward along one track or the other. The NRA is afraid that they will be of no use (loose money and status) to us if we get a favarable ruling. The truth is that they and other groups will have a life time or two of court battles all over the US repealing and blocking gun laws. If wish they would stop shaking in their boots, win or loose we win. |