Tuesday, July 1, 2008

Heller decision

Got an e-mail just now from Colo RKBA noting that careful review of the Heller decision has uncovered an "Easter Egg" in footnote #27. The right to bear arms is enshrined as a
"specific enumerated right" such as free speech,
the guarantee against double jeopardy or the right to counsel (the
Court's list of examples).

This means that gun laws are subject to the "strict scrutiny" level of question, which means there must be a REALLY good reason for the law, and it must address that reason in the narrowest possible manner.

That should help.

1 comment:

NotClauswitz said...

Yay! Also I believe I read that even amidst dissenting opinions, all 9 agreed ~in writing~ that it was an Individual Right - not a Collective right.