Assuming we prevail in Heller, Joe Huffman has a good suggestion on how to proceed…. that is cautiously.Â One of my chief fears is that people will start pushing second amendment claims against things like machine gun possession.Â Â While I would like to see the second amendment include a right to possess automatic firearms, it’s not something to start out of the gate with.
As for what to try after the DC ban? Â There’s not much easy pickings at the federal level. Â The ban on National Parks is the only thing that comes to mind, but I think incorporation is probably a better thing to try to get before going after the “bearing” part, rather than the “keeping” part.Â We could go after the “sporting purposes” clause, but then someone has to get prosecuted for importing a firearm before it can be challenged.