Supreme Court Hears Oral Argument on DC Handgun Law
The Supreme Court heard oral arguments today in the case involving the DC handgun bill which should decide whether the Second Amendment conveys an individual right to bear arms.
The Supreme Court appeared ready Tuesday to endorse the view that the Second Amendment gives individuals the right to own guns, but was less clear about whether to retain the District of Columbia's ban on handguns.
...Several justices were skeptical that the Constitution, if it gives individuals' gun rights, could allow a complete ban on handguns when, as Chief Justice John Roberts pointed out, those weapons are most suited for protection at home.
"What is reasonable about a ban on possession" of handguns?" Roberts asked at one point.
That's my problem with the D.C. bill and politicians who claim to support an individual rights' theory but then support every restrictive bill on gun rights. The "reasonableness" test is too vague and open to interpretation.
Where does reasonable regulation end and infringement on an individual's rights begin? [More...]
More news coverage and analysis on today's oral arguments can be found at:
- Via How Appealing, here's a link to the audio broadcast of the oral arguments replaying now.
I have previously presented this problem in the context of Barack Obama's stated positons on the Second Amendment and gun rights. I addressed Hillary's position here.
The problem with the "reasonableness view" is its subjectiveness. For example, every regulation seems to be reasonable in Obama's view and he can't articulate for us where the line is. We just have to trust that he'll make the right call -- that his "common sense" determination is the right one.
I think there should be a higher burden, and a better delineated one, in overcoming a constitutional right.
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