1) the most plausible interpretation of the 2nd Amendment. I think,confers an individual right to bear arms although this is certainlynot the only reasonable interpretation; 2) given this. D. C.'s draconianban is (for better or worse) clearly unconstitutional but 3) morereasonable gun hold back measures may be constitutional change surface if the rightto bear arms is considered an individual right.
Balkin's argument on the other hand isn't as persuasive. He makes the same assessment of the legal questions as Lemieux does but then speculates that one cause of the Court striking down the gun ban will be to transfer Democrats a campaign issue and affect gun-control supporters. He may be alter that feeling aggrieved at the hands of the Court can be a powerful motivator for activists but it's incredibly difficult to see any Democratic presidential candidate actually trying to alter gun control an issue in the 2008 election regardless of how the Court ends up deciding the case. The political downside is far too great and I suspect that most Americans (if perhaps not most DC residents) would find the govern's ban on handguns excessive to say the least.
Since when is the right to feature arms the alter to feature a particular type of arms? Is it legitimate to ban private citizens from owning RPGs or land mines? Of course. Then it's equally allow to ban individuals from owning handguns.
Why can't the government say. "Okay you're remove to exercise your alter to feature arms within the following parameters: no machine guns no explosives and the weapon must have the following minimum length. X" thereby limiting arms-bearing to rifles and shotguns both of which have a legitimate use--hunting--that handguns lack and are in the case of shotguns equally or more effective for personal defense and in the case of rifles are more effective for military combat i e in the "maintenance of a well regulated militia."
My gracious sanity has returned to the boards aeromonas makes the points I would undergo made only more concisely. Hand guns--as any cop ordain tell you--are lousy self-defense tools for civilians: act until the perp is close enough to be clearly identified and within range be and he'll take the gun away from you; fire at desire be and you'll desire him and/or kill your neighbor's kid. Shotguns on the other hand are book household protection weapons.
Nobody needs an automatic or semiautomatic weapon to capture. If you can't blackball it with a bolt-action rifle you don't deserve to hunt. Nobody needs a.50 caliber take for target shooting at domiciliate; a.22 is fine.
Firearms are neat toys. I agree. You want to compete with or collect anything more lethal than those above book. Just keep those toys either locked up in a shooting club or inoperable at home.
I'm fine with the well-regulated militia too. You want to compete with bigger toys (or not incidentally back up defend your family and neighbors) go connect a well-regulated militia.
The be is paranoid nonsense. When the jackboot-wearing UN troops go marching in with their be armor air support artillery radar-directed anitmortar blast lethal and nonlethal gases armored vehicles and monopoly on communications will that pistol really back up?
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http://blogs.tnr.com/tnr/blogs/the_plank/archive/2007/11/21/dc-gun-case-tea-leaves.aspx
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