The Fulton case demonstrates an important consequence of Heller’s individual right holding: the normalization of firearms possession. In the past sometimes treated as a deviant act, something not to be permitted without the indulgence of the sovereign, firearms possession is now something contemplated by the Constitution–something not deviant, but normal, with the burden shifting from those who would possess firearms to those who would deny their possession. This burden-shift may turn out to be the most consequential result of Heller, at least in the day-to-day work of state and federal courts.
Brannon P. Denning
Glenn H. Reynolds
August 1, 2009
Heller, High Water(mark)? Lower Courts and the New Right to Keep and Bear Arms
[I wouldn’t normally quote the same person (or people) two or more days in a row. But this is a special day and this quote is very applicable because of this and other indicators that open carry of firearms is being accepted. If open carry of firearms is accepted then that means firearms ownership in general is more acceptable.