Following up on Gun Haters Happy with Heller: on July 15, 2008, the federal court in U.S. v. Gilbert confirmed that, based on Heller, the jury instructions given in a criminal prosecution (stating that there was no Second Amendment right to own machineguns etc.) were fine, since Heller makes it clear that individuals “do not have the right to possess machineguns or short-barreled rifles, as Gilbert did, and convicted felons, such as Gilbert, do not have the right to possess any firearms.”
(Thanks to Max Chiz for the link.)Update: In How tightly can you regulate a right?, J.D. Tuccille notes that the regulations being proposed by D.C. in the wake of Heller “seem a bit more restrictive than you’d expect to be permissible for the exercise of a right rather than a privilege.” (Thanks to M. Johnson)
Update 2: Heller himself has now been denied a handgun permit by D.C., even after his win at the Supreme Court. You see, although D.C. law now allows gun with fewer than 11 bullets in the clip, and Heller’s gun has only a 7-bullet clip, it’s bottom-loading, and therefore grouped with machine guns. Oh well, back to the ole’ Supreme Court, I guess.
Update 3: See these two entries on the blog for The Brady Campaign to Prevent Gun Violence: Pro-Gun Voices See Heller’s Potential To Sustain Gun Control Laws and More Discussion Of Dennis Henigan’s Take On Gun Control After Heller:
The real point, however, is that with the benefit of hindsight – i.e., a decision by Justice Scalia that counts as “presumptively lawful” a range of gun control laws – Heller may well turn out to be a symbolic victory for gun enthusiasts.
As pointed we out earlier today, no less than Stephan Kinsella and Lew Rockwell seem to agree….
I like the “no less than Stephan Kinsella and Lew Rockwell seem to agree…” This is not exactly damned by faint praise, or praised by faint damn… what is it? What do you call it when you are complimented by your adversaries,…. ? What’s the term?
Yet another update: One libertarian giddy about the Heller case pouts in faux shock about DC Rejecting Handgun Application and then sniffs that, at least, “fighting such disgusting foot dragging is better than being subject to a complete ban.” Uh, yayyy for liberty?
11:40 am on July 17, 2008
