Wednesday, February 06, 2008
The Respondent's Brief
Here, in PDF form, is the 80 plus page brief of the Respondent, that is, the pro gun rights brief in the Supreme Court case, District of Columbia v. Heller. I can't imagine an issue here not well covered by the brief. It appears, however, that the authors of the brief have strategically decided to abandon full auto weapons and cannons, etc. (all useful to a well regulated militia) and only ask that the 2nd Amendment apply to militia useful weapons which are "in comon use at the time". This is also a reaction to the last case the Supreme Court decided regarding the 2nd Amendment, United States v. Miller, which is looking ever less wise over the years. This 'in common use at the time' requirement is not anywhere in the language, or in the umbras and penumbras, of the 2nd Amendment and appears to be made up out of whole cloth to defang the "You want anyone to have a machine gun? What about an atom bomb?" idiocy. Pity, really. It is a disappointment for gun purists, for sure.
Labels: Heller Case, Second Amendment
