Gun Rights and the Constitution: Was Heller Insignificant?

New Ledger.com ^ | 26 March, 2009 | David Kopel

[marktwain]

A good rebuttal of the propaganda put out by the New York Times.

[rellimpank]

—Dave Kopel, John Lott and Clayton Cramer — excellent Second Amendment analysts.

[2harddrive]

Liberals to Supremes: “To Hell with Heller!”

[wmileo]

The Times is still read by many folks, mostly liberal who don’t know what is really going on. That is why Liptak’s article is still damaging to the 2nd Amendment.

[Daveinyork]

Heller is totally irrelevant because it has no teeth. What consequence is there to officials who ignore it? None.

It’s just another example of how liberals have killed the rule of law. If liberal officials don’t like the results of the legislative or the judicial process, which is a rarety because they usualy control those processes, they simply ignore it, with no consequence.

[marktwain]

“Heller is totally irrelevant because it has no teeth. What consequence is there to officials who ignore it? None.”

---

I do not believe this is true. Alan Gura has just filed another lawsuit in D.C., claiming that they violate the 2nd Amendment and Heller because they will not register guns because of their color, and won't register even the model of the gun that the Supreme Court ordered them to register for Heller, because they changed the law after the decision. DC will likely be required to pay all court costs and legal fees and punitive damages as well. This will probably be a couple of million dollars.

[Dick Bachert]

WHY THEY WANT OUR GUNS!!

http://www.youtube.com/watch?v=j73SsNFgBO4

“The beauty of the Second Amendment is that we will never need it until they come to take it away.” Thomas Jefferson

[bmwcyle]

The lawyers on our side for guns warned before SCOTUS decided on Heller that is was going to be a narrow decision. There are more cases pending and we will have to wait for them.

[Daveinyork]

“DC will likely be required to pay all court costs and legal fees and punitive damages as well. This will probably be a couple of million dollars. “

The taxpayers will pay that. Until the officials themselves are required to pay something, or are punished in some way, they have no incentive to obey laws or decisions they don’t like.

[Still Thinking]

Actually to an extent I think it’s good that they’re displaying complacency and hiding their head in the sand. When is it ever better to have an informed alert enemy than one who willfully chooses to ignore the danger you pose?

[Joe Brower]

[Blood of Tyrants]

[Winkler] argued that gun controls should be upheld if they are “reasonable,” and that anything short of banning all guns is reasonable.

So according to Winkler, if we are "allowed" to own a single 18th century smooth bore Brown Bess black powder muzzle loading rifle, then our 2nd Amendment rights are completely intact. How very generous of him.

[William Tell]

Daveinyork said: "Until the officials themselves are required to pay something ..."

It may be some time before an official is charged with intentionally violating gun rights. But there is a political cost to those who claim various things about their anti-gun case and then are forced to pay the other sides costs. The voters will lose patience with costly battles that have the effect of raising their taxes or denying them public services because the elected authorities fight losing battles.

[William Tell]

Still Thinking said: "Actually to an extent I think it’s good that they’re displaying complacency and hiding their head in the sand."

I agree.

DC copied Kalifornia's ridiculous "Not Unsafe Hangun" law, thereby banning the very gun that Heller registered and also other guns simply because they weren't the right color. These are obviously unConstitutional infringements of the right, making it easier for the courts to toss out the entire scheme.

Without the ridiculous over-reaching, a plaintiff would have to argue that the state has no business deciding which guns are safe and which are not, a more difficult argument to make.

[neverdem]

Nice catch, thanks!

[Daveinyork]

“The voters will lose patience with costly battles that have the effect of raising their taxes or denying them public services because the elected authorities fight losing battles. “

I doubt that. If the majority of the people in a city doesn’t pay taxes, they won’t care. I’ve been in battles with local officials over outrageous taxes, and they keep winning.

[William Tell]

Daveinyork said: "I’ve been in battles with local officials over outrageous taxes, and they keep winning."

It is rather daunting just how bad things need to get before it becomes obvious that liberal ideas don't work. Kalifornia has been teetering on the edge for some time.

It is being predicted that the propositions on the ballot in May that are needed to enable Kalifornia's continuing fiasco may not be passed. The wailing and gnashing of teeth among those on the public teat has only just begun.

[blackie]

Our Rights are from God, not from the government!

Be Ever Vigilant!

Molon Labe!

[Sender]

What the liberals cannot comprehend is that the Second Amendment is merely an affirmation of a natural, God-given right. It needs no court precedent to prevail, and it prevails regardless of new court proceedings. It exists because we are free, not because a majority of judges decide we can have it. It exists because it is outside the authority of judicial activism. It exists because the United States of America exists. And it will ensure its own survival, regardless of which way the judicial wind blows. Survival of the Republic is what it is all about. It's not about sport. It's not about hunting. It's not about politics.

Molon labe.

[HMI]

Often repeated but never traced to an actual source, these words were never uttered or penned by Jefferson. Nor did he ever say, “The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government. “ Ah well.