Thursday, October 21, 2010
The Supreme Court's next Second Amend. case?
This case, Nordyke v. King, is now before the 9th Circuit. There is a good chance it will be the next U.S. Supreme Court case on the Second Amendment. Hopefully, the Supreme Court will specify the test or standard of review in Second Amendment cases.
Personally, I feel strict scrutiny is the appropriate standard. LINK
(see post on Wisconsin v. Schultz case below)
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California is backwards when it comes to gun rights. County Sheriffs have the ultimate say on CCW permits. If they like you expect to receive a permit. Even if someone proves sound reason to carry, it's still the sheriff's call. Like California counties, local governments can ban guns as per their own personal prejudices. Such progressive activism shouldn't be a surprise given their forced same sex marriage and medical marijuana. I'm all for states' societal self-determination as voted by their populace. At the national level, the 2nd amendment recognizes a naturally inherited right not subject to man's biased and fallible laws. The supremacy clause should protect this basic right.
ReplyDelete44:
ReplyDeleteThanks for the post. After the Supreme Court's decisions in Heller and McDonald, "may issue" concealed carry permits are, in general, in constitutional jeopardy because of an excess or discretion, vague standards, etc. which violate due process and the Second Amendment. We may see many "may issue" states convert their laws to "shall issue" (official must issue permit if applicant passes statutory requirements (e.g., age, no felony or violent crime convictions, no protective orders, no mental illness, etc.) laws.