I couldn’t resist one last Heller pun, and for that I apologize. I was pretty busy with work yesterday, and didn’t get the chance to put my thoughts all together in one post. Plus, there was just so much information to digest after the opinion was released that I didn’t even know where to begin.
Overall, I am pleased with the decision; while I would have preferred a 6-3 or a 7-2 win, a win is still a win. Like many others I am concerned about the willingness of four justices to toss out the Constitution because they believe that it means something other than what it says. That concern is the genesis for my reasoning that once the celebrations are over, we need to saddle up and get moving.
I expected that the Court wouldn’t address the issue of licensing and registration; and while they definitely left the back door open on that one, I’m glad they put the “if it is not enforced arbitrarily and capriciously” exception in there. I think that you can make a very strong case to argue that a lot of “may issue” permit processes like those in New York and places in California violate that, as there is no clearly defined process for the everyman to get own a firearm.
Really, the thing that I feel like I need to stress repeatedly (and to use a poor analogy) this is not the end of the war, just a victory in a key battle. The fact that the Court didn’t address incorporation or licensing and registration directly means that we still have a long row to hoe on the right to keep and bears issue. While it is extremely nice to put the final nail into the “collective rights” coffin, we’re not out of the woods yet, not by a long shot.
Lawsuits have already been filed against Chicago, and are pending against San Francisco, and possibly New York.
You know, I haven’t done a “Wisdom of the Duke” post in a long, long time; but I think that today a little John Wayne wisdom would be appropriate. What Would John Wayne say to supporters of gun rights, in light of the monumental decision? From The Sands of Iwo Jima: “Saddle Up!”