A Historic Day For Gun Owners
Wow! What a day! If you’re a gun owner in the U.S. today was perhaps the most historic day pertaining to your gun-owning rights you will ever witness in your lifetime. Heck, for that matter, it could be argued that the matter of DC v. Heller, where oral arguments were heard at the U.S. Supreme Court today, could eventually result in a more defined interpretation of the 2nd Amendment to the U.S. Constitution than has ever before been determined. This case has the potential of being a real big deal.
First, however, let’s get something perfectly clear for the casual observer. For those ardent critics of the National Rifle Association they had little to do with this case. In fact, the NRA initially tried to wreck the case in an effort to avoid a 2nd Amendment showdown. Eventually, however, the NRA did compromise with the pro-gun litigant and even filed an amicus brief on the matter.
Today, the U.S. Supreme Court made history that we actually won’t know the outcome on until likely sometime in June when they render their opinion on the case at hand. I’ve read all 91 pages of the transcripts from the proceedings—twice—and listened to the audio of the roughly 90 minute process once. Certainly I’m no court expert, and trying to interpret just how the nine Justices might be leaning on the issue can be dangerous…but I have a good feeling about the matter.
For more commentary on the case after oral arguments, check out Michael Bane’s Down Range TV by linking here.
So, why am I so enamored with this case? Frankly, if you are a sportsman and use a gun what will be decided has implications as to how you might enjoy using that firearm in the future. But even more importantly I am a legal buff (given my limited background and degree as a paralegal) who is fascinated by the fact the Supreme Court will have to decide on a case that for all practical purposes has no legal precedent. Sure, there was the Miller case back in 1939 that scholars often point to as having some meaning on the 2nd Amendment issue, but it is quite limited.
No, today’s case is different. It was structured so the Court must address the main issue at hand by determining if the 2nd Amendment guarantees an individual the right to gun ownership for self defense, or if the Amendment should be construed collectively meaning it guarantees the formation of a military by the states. In the past, the top Court has been able to side-step this issue…but not today.
In fact, for over two centuries the 2nd Amendment has stood alone with very little Supreme Court interpretation. The only reason they got involved with this Heller case is the fact differing Circuit Courts have come to different conclusions on basically the same question of law. When that happens, it is the Supreme Court’s job to step into the matter and make sure the laws, as they relate to the Constitution, are being interpreted fairly throughout the country.
Testimony in today’s proceeding quoted some of this country’s founding fathers such as James Madison, Thomas Jefferson and others. It even looked to English Law from 1689 for direction on what the mindset might have been for the Constitution’s original framers. Ultimately, the true meaning of these 27 words:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
are what’s at stake. In fact, today’s proceedings were so historical that for only the third time in the Supreme Court’s history has audio been released to the public to document the oral argument portion of this case.
Actually, this case is full of amazing occurrences. Take for instance that an amicus brief was submitted by 305 members of Congress supporting the pro-gun interpretation. Never in history has so many congressional members put their name to such a brief supporting a common position. Moreover, one of those signers was Vice President Dick Cheney which is even more rare to have a sitting V.P. lend his signature to such a powerful court document.
Folks, in my mind today’s court proceeding was the proverbial “big one” for those of us into guns and the gun culture. The matter is in the hands of the nine Justices now and nobody really knows what the outcome might be. In the weeks and months to come there will surely be lots of speculation. There might even be some surprises and disappointment…because, well, such is the nature sometimes of court decisions. But time will tell.
In the meantime, check out this blog post for a good synopsis on how I also viewed today’s proceeding and the participants. I think there is certainly good reason for gun owners to remain optimistic. What the hell, we’ve waited a long time for this day to finally arrive.
2008 Jim Braaten. All Rights Reserved. No Reproduction without Prior Permission.
Comments