Surfing around various firearms forums, I’ve seen a lot of speculation about the effects of the McDonald decision. A lot of the speculation is downright silly. All gun laws in the US are NOT going to be struck down. The effects will vary state by state as some state laws are in compliance already, but some probably are not.
The problem is that there is no way to know right now which laws are or are not in compliance. There will be at least a few more years of litigation before any of the issues are settled.
Democrats quietly cheer high court gun ruling does not easy my concern at all.
When the Supreme Court extended the individual right to own a gun Monday, it handed Second Amendment advocates — many of whom are at home in the GOP — one of their most significant legal victories ever.
But who won the day in politics? The Democrats.
For them, the court’s groundbreaking decision couldn’t have been more beneficial to the cause in November. Now, Democratic candidates across the map figure they have one less issue to worry about on the campaign trail. And they won’t have to defend Republican attacks over gun rights and an angry, energized base of gun owners.
Sorry, I don’t believe this for a minute. The Democrat base is going to be energized by this and I don’t think they are going to accept this answer by Democrat candidates. Nor should Republicans think for a minute that they are safe in not affirming and reaffirming their support for McDonald and Second Amendment rights in general.
In 1973 in another landmark case, Roe v. Wade the Supreme Court struck down a Texas anti abortion law and by extension many other state laws. Still, in the 37 years since, there have been numerous legislative attempts to limit abortions, and more court cases, including several that have reached the Supreme Court. In all that time, neither side has budged and an inch on an issue that is as divisive as gun ownership. For both parties a candidate’s position on abortion is a litmus test. Each nominee to the Supreme Court is grilled extensively on this issue and will that will continue into the foreseeable future.
As with Heller the Court did not say that there could be no restrictions on gun ownership and indeed the District of Columbia has continued to throw up road blocks to individuals right to possess firearms for self defense. I expect Chicago will try to craft similar legislative barriers to it’s citizens. I also expect other states and cities will do the same.
This war will continue to be fought, both in the courts and in the legislatures. Even as we speak, there is a bill pending in the Massachusetts Legislature to enact a “one gun a month” law. McDonald will not derail that legislation, nor will it help GOAL’s efforts to pass it’s gun law reform legislation. At least in this one state, the battle continues unabated. Expect to see that same dynamic in many other states and cities.
I am not as confident as the people at GOAL. This will not deter Second Amendment opponents, just as Roe v. Wade has not deterred either side in the abortion war.
This is our Roe v. Wade, there is still a lot of work to be done, especially in this state. Now is not the time to relax and savor this one victory. Now is the time to press our case even more forcefully.
As Chris Cox alluded to in the article,
Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.
Sir Winston Churchill
It ain’t over ’til it’s over.
It may only be a small step, that is true, but it is a step in the right directions, and more ammo for us to use in our fight here in MA. One day at a time, and keep moving forward. . . .
Of course it isn't over. One is foolish assigning certainty to any act or assumption. Even the assumption that all liberals are anti-gun is silly. Or that all conservatives are pro 2A. Making such assumptions displays one's ignorance. Life simply isn't that simple.
Good post, and good points. I believe they will now try to go after the ammo…
MB, it's fair in this case to generalize about liberals and conservatives when it comes to gun rights. Overwhelmingly the left supports gun control, while overwhelming the right opposes it. Yes, there are exceptions and too many Republicans (as opposed to conservatives) are weak supporters of the Second Amendment. Still, it's the way to bet. Old NFO, you might be right and that would be yet another front we will have to fight on. More litigation, splendid, just splendid.
Awesome post. Filled with Smart.