DC v. Heller Tomorrow

[class2068]

On March 18, 2008, the US Supreme Court will hear arguments in DC v. Heller, the first 2nd Amendment case to come before the court since the 19th century (the 1939 case dealt with whether a saw-off shot gun was a militia weapon and skirted the 2nd Amendment issue).

Those siding with DC argue that the 2nd Amendment applies only to states' powers, or that it was meant to protect ownership of flintlock weapons of the 18th century, or that the 2nd Amendment is outdated in the 21st century when much more destructive guns are available. Those supporting Heller claim that every other amendment in the Bill of Rights deals with personal, not state, rights, and thus the 2nd is also a personal right, or that if the 2nd applies only to flintlocks then the 1st applies only to manual printing presses.

Handicappers are giving this a 60-40 chance to side with the supporters of the 2nd as an individual right, but guessing court decisions is always risky.

[jody]

1. IMO SCOTUS will say either the 2nd is an individual right or leave the matter unresolved. n/t

[depakid]

2. Who's saying it only applies to flintlocks?

There are ways to address the DC statute (and its implementation) without creating an expansive new right, and I suspect that's what the court is going to do.

And should do, though the policy solution would be comprehensive and nationwide regulation and licensing.

[virginia mountainman]

3. If they say it only applies to Flintlocks...

We are doomed, if that logic is applied to the rest of the bill of rights..

For example, the first amendment...

Say good by to the TV, Radio, and Internet...after all, the 1st Amendment, ONLY apples to what was available in the 17th century...

We will be bringing back quill pens and town criers....

Even if you disagree with the 2nd Amendment, you better be careful what arguments you use against it....Because if your argument is successful...it sets a precedent for the rest of the Bill of Rights..

Like the "needs" argument....

You don't NEED a gun like that to hunt with...

Well, apply the "needs" argument to the REST of the bill of rights, after all, you happily applied it to the 2nd Amendment.......

Downright scary anit it...

The Bill or Rights is like a cinder block wall...Strong, and proud...

Until you start knocking blocks out of it, than it will easily crumble.