Robert Levy, one Heller’s lawyers, in responding to Dennis Henigan of the Brady Campaign to Prevent Gun Violence, writes in Cato Unbound:
“if Henigan is correct in predicting that sensible regulations will be the by-product of Heller, I for one applaud that development …. Thankfully, Heller has taken a major step to restore sensibility in Washington, D.C. Soon, with incorporation, Heller will have nationwide implications. That’s a big win for common sense. More important, it’s a big win for the Constitution.”
Well… I guess so. Sensible regulations like the ones upheld in the cases mentioned here, decided after Heller, such as preventing the importation of a reproduction WW II-era German machinegun, banning sawed-off shotguns and machineguns, prohibitions in “sensitive places such as schools and government buildings”? Or how about this — D.C. rejecting Heller’s own application? One of the Heller cheerleaders has groused that, at least, “fighting such disgusting foot dragging is better than being subject to a complete ban.” This is a huge victory?
Note also Levy’s comment on incorporation: As I noted in To Hell with Heller, “thanks to the perverse incorporation doctrine, the Second Amendment will no doubt be applied to the states … by the federal government.” For more on Henigan, see More Heller-aceous Damage to Gun Rights.
Anyway, as Cato icon Milton Friedman might say, “sensible” government regulation is about as likely as a barking cat.
12:16 pm on July 22, 2008
