Sunday, January 01, 2012

Second Amendment Update

The NRA has filed a lawsuit challenging federal law which prohibits anyone under 21 from purchasing handguns. The NRA argues that 18-21 year-olds should be permitted to purchase handguns. It's a close case for me.

In a very disappointing move, the Supreme Court refused to hear appeals of cases where lower courts held that the Second Amendment does not protect carrying outside the home. It would seem to me that the use of the terminology "keep and bear" of the Second Amendment would protect at least some forms of carrying outside the home. One keeps a gun in the home, one bears/carries a gun outside the home. It appears likely that we will not have a Second Amendment decision this term from the Supreme Court. If there are no Second Amendment decisions this term of Court, it will be, a disappointing failure of the Court to clarify one of the most important rights in the Bill of Rights. Failure to hear an appeals (grant certiorari) is not an endorsement of the lower court's opinion.

This link, to the NRA-ILA is a fairly good place to keep up with the latest developments in the Second Amendment caselaw.

1 comment:

  1. If most states issue a driver's license at age 16, then why deny 18 year olds the right to keep and bear arms? Many of whom defended this right in active military service to their country.

    Automobiles have caused an exponentially greater number of serious and fatal injuries to young adults than firearms ever did, even given the added figures of criminal involvement.

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