Heller potentially screwed by the Bush Administration

Grouch · 01-13-2008, 12:34 AM

The US DOJ and Solicitor General filed a brief supporting and individual right in the Second Amendment but basically agreeing that the DC Handgun ban may very well be constitutional. David Hardy puts it better than I can:

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.

http://armsandthelaw.com/archives/20...ent_file_1.php

Thanks Republicans...

Grouch · 01-13-2008, 12:36 AM

So pretty much, the DOJ is following the Brady Bunch in saying that it is an individual right but it is subject to "reasonable restriction".

hsmith · 01-13-2008, 12:16 PM

Which is the status quo. I didn't really expect anything ground breaking to happen with this case.

Grouch · 01-13-2008, 04:33 PM

Originally Posted by hsmith

Which is the status quo. I didn't really expect anything ground breaking to happen with this case.

Prior to this, most of the highly educated and politcally minded gun owners (calguns, Thefiringline, ect) seemed to think it was a lock to get a pro 2nd ruling.

They still seem to belive this, but now with the possibility for "reasonable restriction" to be upheld.

RMNIXON · 01-13-2008, 05:09 PM

Originally Posted by Grouch

They still seem to belive this, but now with the possibility for "reasonable restriction" to be upheld.

Just the term "reasonable restriction" makes me think it will not be so.

DC has a serious criminal problem, not a lawful gun owner problem!