22 March 2008

Why none of the "public interest groups" want a definitive answer on Heller.

Quite frankly, if the SCOTUS does the sane and sensible thing by reiterating US v. Miller in idiot proof, plain English, then there will be an end to the interminable fund raising letters, e-mails, etcetera I receive. Not to mention the road will be indeed cleared for the possibility of a gun ban. Perhaps we will see much needed talk of gun responsibilities, rather than fictitious "gun rights".

On the other hand, finding "an individual right" outside of militia service will guarantee that there will be loads of litigation. We'll see loads more trash written about the "individual right". It'll be the gravy train for "Second Amendment" lawyers and scholars. Someone reading these blogs might offer me a lucrative job, especially if whatever opinion generated is not unanimous.

On the other hand, probably not since I would much prefer that my real Second Amendment right of being free from standing armies were implemented rather than some nonsensical right which never was intended to be part of the whole shebang. I would want to see an end to this and make the Second Amendment the dead letter it is for firearms ownership once and for all.

To be quite honest, I don't mind expanding rights in a Roe v. Wade fashion if it truly impinges upon something which affects only a person and his/her personal life. I do mind when the right leads to high social costs which is undeniable about "gun violence".

The RKBA crowd has a sticker which says "fear the government that fears your gun".

I say "fear the government which tells you how to run your personal life and doesn't care about the welfare of its citizens".

I don't want the government telling someone that she can or cannot have children. Worse, forcing children into this world without parents who want them. Especially if that government is unwilling to shoulder the burden of raising those children. Even more so when it is all too willing to pay to incarcerate those children rather than pay to properly educate them.

The government has no business telling me what I should believe as far as religion goes. Even more so since the Constitution says that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States" and that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." That means public officials should keep their arses out of proselytising.

I agree with Justice McReynolds when he said the liberty guaranteed by the Due Process Clause of the Fourteenth Amendment included an individual's right "to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, to establish a home and bring up children, to worship God according to the dictates of his conscience, and generally to enjoy privileges, essential to the orderly pursuit of happiness by free men."

This means that I can do what I will if it doesn't lead to harming others. Unfettered firearms ownership does harm others. The cost of gun violence in terms of law enforcement, legal process, health care, etcetera is astronomical. Firearm ownership also makes no sense in a city for a multitude of reasons. And if a legislature also reaches that conclusion, it is not the place of the courts to come and second guess the legislative process.

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