Here's an interesting counterpoint following the Parker case (in which a panel of the 2nd Circuit ruled that the Second Amendment granted individuals the right to keep and bear arms.)
Could the National Rifle Association and its allies in Congress be undermining the best pro-gun case ever likely to be reviewed by the U.S. Supreme Court?
More than four years ago, three attorneys and I filed Parker v. District of Columbia, a Second Amendment case on behalf of six local residents who want to defend themselves in their own homes.
For reasons that remain unclear, we faced repeated attempts by the NRA to derail the litigation. Happily, the case survived. On March 9, in a blockbuster opinion, the U.S. Court of Appeals for the D.C. Circuit overturned the city’s gun ban — holding that “the Second Amendment protects an individual right to keep and bear arms.”
There's a lot more, which deals with the technical details.
There are a number of folks who have questioned Wayne LaPierre's style and the somewhat quirky NRA position(s) on gun-rights cases. I'm a member of NRA; I read The American Rifleman, and it is fair to state that Wayne has a fixation. He personifies "single-issue."
It might be very interesting to learn what NRA's counsel is worried about.
HT: Of Arms and the Law
No one ever knows how a court is going to rule, that case could have went the other way.
ReplyDeleteSure.
ReplyDeleteAnd it still COULD go the other way when the enbanc 2nd Circuit rules, or when the USSC rules.
But the lawyer points out that it is an exceptionally nice case on which to "go for the prize," unlike the last SC decision on the 2A (Miller) wherein Miller was a gangster and his defense was inadequate.