http://www.qando.net/ - DC Gun Case to be considered Nov. 9th

The two cases are the city’s appeal — District of Columbia v. Heller (07-290) — challenging a D.C. Circuit Court ruling last March striking down the handgun ban under the Second Amendment, and a cross-petition by five city residents — Parker v. District of Columbia (07-335) — seeking to join in the case to add their own legal complaints about the city gun control law.

Because the two sides have framed the Second Amendment question in different ways in their papers in 07-290, it is conceivable that, should the Court grant review, it might choose to rephrase the issue itself.

I think what most advocates of 2nd Amendment rights are hoping is that the SCOTUS will address the issue, once and for all, of whether the amendment is an individual right or not. The possibility that the court might choose to rephrase the issue itself throws some doubt on that.

SCOTUS blog tells us that the fate of the two cases won't be known until Nov. 13, and if granted, would be heard no earlier than Feb. or Mar.

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I agree. It is ridiculous that the basic meaning of the Second Amendment has not yet been settled by the Supreme Court.

Written By: David Shaughnessy
URL: http://

The court doesn’t like drawing arbitrary lines, even though it has in the past. Obviously, it’s not going to rule an individual right to nuclear weapons. I suspect the meaning will come down to: a) accepting that it is an individual right to bear arms (not just state militias); and b) recognizing the ability of states to regulate how that right can be expressed, so long as the regulation is regional and doesn’t deny the basic principle that people can arm themselves in a way reasonable to assure self-defense and the legitimate pursuit of their affairs (hunting, gun collections, etc.) Such a ruling would not invalidate most existing gun laws, would put an end to efforts for absolute bans and acknowledge that the ’right to bear arms’ does not mean ’the right to any weapon that exists.’

Written By: Scott Erb
URL: http://faculty.umf.maine.edu/~erb/blog.htm

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