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The
Below Comments Relate to this Newslink:
The Second Amendment allows for more gun control than you think
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Some gun rights advocates have suggested that’s because lower courts have been thumbing their nose at Scalia’s opinion in an act of massive resistance akin to the South’s refusal to desegregate after Brown v. Board of Education.
But Scalia’s opinion made clear that the decision would leave untouched many “longstanding prohibitions” on the use of guns. In practice, courts have concluded that these prohibitions and others like them pass constitutional muster. Our research confirms, as other research has suggested, that most Second Amendment claims fail. We also find that most fail precisely because of limitations that Heller itself places on the right to bear arms. |
| Comment by:
MarkHamTownsend
(5/24/2018)
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Against my original thoughts, critics of the Heller decision have been proven correct in their misgivings. That opinion left a huge hole in the 2A allowing for further encroachments.
"Shall not be infringed" has lost its meaning. Allowing bans some some more dangerous types of guns is only a loophole allowing even further bans, since there will always be a "next most dangerous" type of gun in line to be banned.
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| QUOTES
TO REMEMBER |
| As an individual, I believe, very strongly, that handguns should be banned and that there should be stringent, effective control of other firearms. However, as a judge, I know full well that the question of whether handguns can be sold is a political one, not an issue of products liability law, and that this is a matter for the legislatures, not the courts. The unconventional theories advanced in this case (and others) are totally without merit, a misuse of products liability laws. — Judge Buchmeyer, Patterson v. Gesellschaft, 1206 F.Supp. 1206, 1216 (N.D. Tex. 1985) |
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