Been involved in a lengthy bit of Devil’s advocacy with a “Constitutional Historian” involved in “a case in the works right now, well-research, and narrowly tailored that uses Presser, Miller, Heller AND McDonald to overturn NFA & Hughes Amendment. Brady/GCA are next to get struck down by the Roberts Court.” That’s generally enough to set off major alarm bells right there. But when you follow up with, “[Alan Gura] lacks complete understanding of the historical premises’ surrounding the 2nd Amendment’s ratification and early case-law,” that really sets off alarm bells.
The diminishment of proven experts, and the elevation of unproven experts, is part and parcel for those who bring bad cases. Additionally, any suit so broad, and depending on cases like Presser v. Illinois, which said precious little about the Second Amendment, and US v. Miller, which was a deeply flawed case to begin with, is pretty much destined to quickly start setting bad precedent the rest of us will have to either live with, or spend a long time waiting to undo.
Taking a machine gun case into the Court system right now is madness. Others have tried it and lost, and now no one in the 8th circuit will ever have machine gun rights. Fincher was convinced he was right, too. That doesn’t win cases. What makes cases like this even more aggravating, is if one of the Heller 5 retires or dies, this kind of case would be the perfect opportunity for Justice Ginsberg to get what she wants; a reconsideration of Heller and McDonald which results in their being reversed, and the Second Amendment being redacted from the Bill of Rights entirely. We are our own worst enemies.
36 Responses to “New Federal 2nd Amendment Challenge?”
- For The Want Of A Horse, The Kingdom Was Lost | Extrano's Alley, a gun blog - [...] at Shall not be Questionedhas an item up on a gent who thinks US vs Miller will help him ...
- US v. Rock Island Armory: Not a Loophole in the NFA | Shall Not Be Questioned - [...] the previous thread about someone trying to foolishly mount a challenge to NFA and all the other federal gun ...