The wall is crumbling and falling

I view this sort of like the Berlin Wall coming down. A friend that visited Berlin a few months after it came down said that 24 x 7 if you were within a 1/4 mile of the wall you could here the “dink, dink, dink” of hammers pounding away at the wall. As you approached you saw hundreds of people of people either with hammers or waiting to pick up one after the person ahead of him or her finished. Everyone was getting a piece of the wall.

In this case Dave Hardy put it as follows:

Defendant was charged with possession of a handgun by a minor. The court, in an extremely thoughtful ruling (citing Joyce Malcolm, Eugene Volokh, William van Alstyne and others) rules that the 14th Amendment due process clause incorporates the right to arms and makes it binding on the States, then remands for a determination as to whether the law passes muster (which was barely briefed). The dissent argues there is no need for remand, because strict scrutiny applies and the law fails that test. The dissent has interesting references to teenager possessing arms, and serving in the military, throughout American history.

The D.C. laws against firearms ownership were struck down and with that crack in the wall more and more of the wall is falling. When McDonald v. Chicago is decided the ground is going to start shaking as that wall of 20,000 oppressive gun laws collapses into a pile of rubble.

2 thoughts on “The wall is crumbling and falling

  1. I hope you’re right. Do you think all the gun laws will fall, or only the ones specifically banning the keeping and bearing of arms?

    Or to put it differently, are we going to have the elimination of D.C./Chicago type bans and maybe no-carry laws like in Illinois and Wisconsin; or are we going to get rid of all the regulatory nickel-and-dime bullshit laws as well?

  2. No. I don’t think all will fall. It will be a long hard fight with limited chance for success to even get rid of the machine gun ban and the “instant” check.

    I expect all the bans against carry in parks and maybe even in school zones will fall. Suppressors probably have a pretty good chance of being more available. The short barreled rifles and shotgun restrictions probably will go away.

    But those are all just guesses.

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