I love the possibilities:
You can buy a car from an out-of-state dealer and pick it up there. You can buy a house in another part of the country, as speculators unwisely did during the real estate bubble, sight unseen. But even though the Second Amendment protects an individual right to own firearms — and presumably to buy them — you can’t purchase a handgun while you’re visiting another state.
A gun rights group has sued the Justice Department to overturn this prohibition, which became law as part of the Gun Control Act of 1968, and the case is now in front of U.S. District Judge James Robertson in Washington, D.C.
But it should be no surprise that the anti-gun people don’t want to discuss the case on the merits:
While this may be an intricate legal question that only lawyers might fully appreciate, it offers a glimpse into how the legal system operates in practice. Courts don’t always reach — they’re often hesitant to reach — broad questions about a law’s constitutionality. Procedural rules are hugely important.
In this case, for instance, the Obama administration appears to have taken the position that there’s no way for anyone to challenge the 1968 Gun Control Act on Second Amendment grounds unless they’re arrested for violating it first. Any volunteers?
I also like it that the American Civil Liberties Union is on our side on this one.