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November 20, 2007

Supreme Court To Hear D.C. Gun Ban Case

Probably not great news.

I seem to remember there was some hope that the Supremes would deny certiorari and let the D.C. Court of Appeals decision striking down the ban stand. Some 2nd Amendment supporters, including the person who brought the original suit, wanted the court to take the case and settle the issue once and for all. The problem with that strategy is that it leaves the fate of an individual’s right to bear arms to the tender mercies of the mercurial Justice Kennedy.

The District is making several arguments in defense of the restriction, including claiming that the Second Amendment involves militia service. It also said the ban is constitutional because it limits the choice of firearms, but does not prohibit residents from owning any guns at all. Rifles and shotguns are legal, if kept under lock or disassembled. Businesses may have guns for protection.

Chicago has a similar handgun ban, but few other gun-control laws are as strict as the District's.

Four states—Hawaii, Illinois, Maryland and New York—urged the Supreme Court to take the case because broad application of the appeals court ruling would threaten "all federal and state laws restricting access to firearms."

I can’t imagine that any of the Democratic candidates are anything but pro-gun ban but this decision will likely mean a day or two of questions for Rudy.

Here's hoping Kennedy wakes up on the conservative side of his bed that morning.

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posted by DrewM. at 02:29 PM

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