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Wednesday, February 06, 2008

True test of second amendment

Case likely to be heard in March

The case is one of the most high-profile on the Supreme Court's docket, the first time in more than 70 years the court will hear a Second Amendment challenge. It will offer the justices a chance to settle years of debate on whether the enigmatically worded amendment -- "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" -- guarantees an individual right to possess firearms or a "collective" civic right related to military service.


The article leans very heavy toward upholding the ban, but I thought this should be put up on the radar for everyone to see. The ramifications of this argument and the judgement could be huge. We could end up with one of two extremes. A Roe v Wade descision where they created law and all guns are banned, or an almost Wild west with everyone packing while walking down the street.
My opinion of this is that if you are a law abiding citizen who has a clean criminal record, you should be allowed to carry anywhere. You think Columbine/Virginia Tech, would have happened if the kids knew there would be armed persons nearby?
If you look at the time when the amendments were written, I believe you can clearly know the intent of the writers. It was in a time when they had just removed an oppressive government (England) and felt that to prevent another oppressive government the people needed to defend themselves from same, or in instances when the government could not respond to dangers, you could defend yourself.
Do I think if they overturn the law and allow un-restricted carry there will be shootouts at high noon? Heck, there already are, they are just done by the thugs out there and they aren't going to let some silly law stop them in the first place. Laws only affect law-abiding citizens. It has been my experience as a former cop that criminals will break the law, no matter how big or small. The only thing ban laws do is stop criminals from getting guns through legal channels.
I don't have a feel for the way this court votes, but I think they will wimp out and split the difference and say you can carry but only on Tuesdays and only on your property and with a permit, with a sign around your neck that says you have a gun.:) Sorry, I think what they will do is just strike down the DC law and give no real opinion. I just don't see any serious radicals on this court wanting to rock the boat that much.

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