Thursday, June 26, 2008
The Ring is Delivered to Mount Doom
The Supreme Court finally delivers a 5-4 decision which make sense with the publication of the very lengthy Heller case. More later. The headlines are:
Private right. Reasonable restrictions OK: a city wide ban is not reasonable.
Whew! There's a relief.
Private right. Reasonable restrictions OK: a city wide ban is not reasonable.
Whew! There's a relief.
Labels: Second Amendment; Heller Case
# posted by Roger Fraley @ 8:40 AM 
Comments:
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Here's a question, do you think that Colorado's requirement that people on probation for a non-violent misdemeanor must relinquish their weapons is a reasonable restriction? And if so, why?
Brass
Brass
# posted by 
: 9:53 AM
: 9:53 AM
As a purist, I think nothing you can do can take away your right to free speech. Nothing you can do should take away your 2nd Amendment right. You always have the right to protect your life. I'm all for not giving crazy people guns. So misdemeanors should not pass constitutinal muster. It's years away, but that's what I see eventually happening.
People currently on probation for misdemeanors? I'm not sure I'd be a big fan of that. Maybe after they've completed the terms.
Entirely unreasonable. Misdemeanors include such things as knowingly obstructing a sidewalk, defacing private property, or selling a lottery ticket to a minor. None of these should result in removal of a fundamental right.
Agree with you both. Ultimately the misdemeanor path to losing ones' 2nd Amendment right (Lautenberg) will be closed. Not today though. The opinion today, though well reasoned and written, was very narrow. The ban here, which 'Brass' is talking about, on having a weapon, only lasts for the duration of the misdemeanor probation which necessarily is less than 2 years. I think. They don't let you drink either (and prohibition failed and was abandoned years ago). I'm not that worried about that particular part of the bigger picture.
Doug...I guess I'm more concerned with someone arrested for a violent crime who manages to plea-bargain down to a misdemeanor. Not sure how often that happens, though.
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