Pages

Showing posts with label 2nd Amendment. Show all posts
Showing posts with label 2nd Amendment. Show all posts

Monday, April 26, 2021

UPDATED: SCOTUS Takes Big 2A Case

The SCOTUS today announced that it will take a major Second Amendment case. The case comes to the SCOTUS from New York, in the 2nd Circuit. New York--like eight other Blue states--requires a gun owner to provide what the state regards as a "proper cause" for wanting to "bear arms" outside his home. The reality is that, unless you're politically connected, it becomes extremely difficult to carry a firearm in any of those states. In the case at hand, New York was denying concealed carry permits to persons who said they wanted to bear a firearm for "self defense"--a pretty traditional reason.

Thus, the issue is pretty straightforward. Can a state demand a reason why a person wishes to exercise a constitutional right: not only to "keep" a firearm (in your residence) but to "bear" it. Next up--First Amendment? Why do you want to express a viewpoint that the government regards as not "proper?"

Now, while this case is, on its face, fairly narrow, it's also possible that the SCOTUS could address related issues that go beyond the actual holding. Such issues might include the extent to which states may regulate the 2nd Amendment right to keep and bear arms more generally. For example, other states than those most directly affected by this case have various laws in place that make gun ownership--let alone bearing a firearm--difficult or somewhat expensive. These measures go beyond such relatively traditional measures such as a ban on felons owning firearms. As a result, this case is raising hopes and apprehensions on both sides of the issue.

Thus, while the terms of the grant of certiorari are very limited, that won't prevent justices from voicing their views and presenting arguments that could sway lower courts on related issues:

Sunday, September 22, 2019

‘I Will Shoot You!’ I Said

No, I didn't say that. Rod Dreher says he said that. I've cited and recommended his work quite a few times. He's a recovering liberal but still an utterly unhinged NeverTrump--and, if I do say so, a bit of an emotional exhibitionist. This is a good illustration of the common wisdom, too often ignored, that you can't never tell. How many of you who are familiar with Dreher's work would suspect this side of him?

Interestingly, I've lived in Deep Blue states my entire life. The percentage of concealed carry permit holders in Massachussetts--yes, Massachussetts--is an easy twice as high as in my own Deep Blue state, which in turn is easily twice as high as some Deep Red states. Go figure, eh?

And here's what Dreher is talking about re the Castle Doctrine law in his state of Louisiana.

Of course, laws vary from state to state. In Maryland, for example, I understand that it's OK to fire off a double barrelled shotgun to scare someone away--a procedure that comes highly recommended by a former VP.


‘I Will Shoot You!’ I Said

by Rod Dreher 

View on my street this afternoon. The man on the left is a mentally ill man who was threatening his mother

Here’s a line no child should ever hear their father say: “If you come onto this property, I will shoot you!”

My kids heard me shout it three times this afternoon, at a large (6’5″) man in his twenties who was pursuing his mother. I saw her in the street and invited her to come shelter in my house. He followed her up my driveway, screaming at her. He only stopped when I threatened him with violence — and then only after I yelled it several times.

I called 911. A sheriff’s deputy came and arrested the young man. This was not the first time I’ve called 911 on this guy. He and his mother moved in to a rental house on our block a few months back. The first time I called was when I saw him screaming and cursing at her in their front yard, and he took a swing at her. It has been a nightmare over there all summer. According to the deputy today, the sheriff’s department has been out ten times to deal with him.

...

I’m not sure what happens next, but that dangerous, insane young man cannot come back to that house, or this street. Not after today. I don’t know what it’s going to take, but we hit the breaking point today.

I am not a big Second Amendment guy, but I am grateful that in this country, and in this state, one is allowed to own a gun. I am grateful that I do own a gun, and know how to use it. I am also grateful that I live in a state with a castle law, and that if that insane man had come after his mother, to whom I had given shelter, and me, on my own property, I could have used deadly force to stop him — and would not have been charged. Thank God it didn’t come to that. This time. I have to use the time that that man is in jail this next week to make sure that there isn’t a next time. Not on this street.