2nd Amendment Challenge -- DC v. Heller

[Phokaioglaukos]

Interesting discussion about what should be, but constitutional scholars on the right and left, liberal and conservative, upstanding and lying down, are increasingly reaching the conclusion that the Second Amendment protects individual rights. Here how Laurence Tribe from Harvard puts it in a recent WSJ opinion piece: "liberal scholars like me, having studied the text and history closely, have concluded, against our political instincts, that the Second Amendment protects more than a collective right to own and use guns in the service of state militias and national guard units."

He goes on to counsel the Court to take a middle course in the Heller case, simply overturning the DC Circuit's ban on concealable handguns in a densely populated area but avoiding either extreme of holding, on one hand, that no firearms ban could violate the Second Amendment unless it were to prevent states from organizing militias in their collective self-defense or, on the other hand, that the right to bear arms is a right that belongs to citizens as individuals (thus confusing the right to bear arms with a right to own and brandish the firearms of one's choosing). Perhaps the Court will take the middle ground, but I would not count on this Court doing that.

Now, let's continue this either over at http://www.ar15.com or http://www.glocktalk.com!