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The opinions and interests of a husband, analyst and Iraq war veteran.



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Tuesday, March 18, 2008

DC v Heller today

DC vs. Heller will be heard before the Supreme Court today. Reason Magazine's Brian Doherty:



Meanwhile, on the east coast, failing to report the gun you didn't realize was lost or stolen will soon earn you jail time.

In a sneaky amendment to a crime bill, Pennsylvania gun control forces are pushing hard for legislation that would criminalize the failure to report guns that are either lost or stolen...

Ever heard the expression "Count the silverware"? If you're wealthy enough to have valuable silverware, it probably is a good idea to count it occasionally. Because guests can be dishonest. So can contractors, house painters, gardeners, cleaning people, etc. It would be unimaginable for anyone to propose making it a crime to fail to report stolen silverware, though...

Why single out guns unless the intent is to stigmatize them? I think that a law criminalizing non-reporting requires more than merely reporting a loss or a theft; by its nature it imposes an affirmative duty to monitor and count your guns on a regular basis or be a criminal (in much the same way that a law criminalizing the non-reporting of silverware would require counting the silver). But because it does not spell that out, I think it's unconstitutionally void for vagueness...


Emphases mine. And I agree totally.

UPDATE: Clayton Cramer has pics of blockbuster lines waiting to get into the Courtroom audience.

(Via: Glenn)

Also, Paul Cassell at The Volokh Conspiracy highlights some useful "original sources" for understanding the 2nd Amendment:

With Heller about to be argued, a lot of folks are debating what the Second Amendment means. But what does the historical record really show?


MORE: Randy Barnett weighs in at Opinion Journal:

However it is decided, Heller is already historic. For the first time in recent memory, the Supreme Court will consider the original meaning of a significant passage of the Constitution unencumbered by its own prior decisions. The majority and dissenting opinions in this case will be taught in law schools for years to come. Here's a layman's guide to the significance of the case...


(Also via Glenn)

UPDATE: CSPAN is playing the courtroom audio live.

(Via: Ace)

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