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View Diary: Constitutionally protected RKBA, political speech, or public menace? Open Thread w Poll (129 comments)

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  •  The wiggle words in Heller (3+ / 0-)
    Recommended by:
    Glen The Plumber, CenPhx, Smoh

    (I think) are the words "traditionally lawful purposes."

    1. The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.
    With Stand Your Ground laws we are lurching back toward legal public duals as a lawful way to resolve conflicts. It's very troubling to consider some future Court, further to the right, hearing a case and holding that public shoot outs like the 2 guys in Michigan are protected forms of 2A RKBA because they are lawful responses to apprehended fear.

    I'm not sure if your comment is to me the diarist, or to JR our featured guest, but I'm going ahead with an answer as if it is directed to me.

    Our whole purpose in forming the Firearms Law and Policy group is to start with your last sentence, to accept Heller as SCOTUS interpreted the 2A, and use that scaffold to try to reconcile state and local laws. One of the minority opinions in Heller read as a history of DC's crime problem and unique features.

    I've become convinced that although a few laws seem like no brainers, and ought to become Federal law states must be left with wide latitude to address local needs. What is needed in Montana is very different from what is needed in any state with a large city, such as New York. Three "no brainer" laws that I think ought to be Federal are universal background checks, requiring gun owners to report lost or stolen guns to the police, and requiring all law enforcement to trace ALL guns recovered or surrendered.

    E.g. in Domestic Violence situations, when a protective order is issues against someone and they have to surrender their guns for the duration of the PO, those guns should be traced because there is a compelling public health & safety reason to collect data on how/where/when abusive people obtain firearms.

    "They did not succeed in taking away our voice" - Angelique Kidjo - Opening the Lightning In a Bottle concert at Radio City Music Hall in New York City - 2003

    by LilithGardener on Fri Oct 11, 2013 at 03:33:51 PM PDT

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