July 18, 2008
Predicting Heller's future
Effective and scholarly Heller analysis is coming fast and furious from various sources. Joyfully, lots of the best reads are also relatively brief like the effect piece by Glenn Reynolds and Brannon Denning on here at the Northwestern Law Review's Colloquy, and the series of commentaries over here at Cato Unbound. Of all the comments, this insight from Dennis Henigan at the Brady Center highlights some of the post-Heller criminal justice realities we are already seeing play out:
Although we will no doubt see an avalanche of Second Amendment claims (most by criminal defense lawyers on behalf of their clients seeking to avoid indictments and convictions for violations of gun laws), generally the lower courts are likely to interpret Heller as giving a constitutional green light to virtually every gun control law short of a handgun ban. Regardless of whether the Heller majority’s newly discovered right eventually is incorporated as a restraint on the states, its significance may well prove more symbol than substance.
Some related post-Heller posts:
- Might the ACLU be a strong supporter of all persons' gun rights?
- The post-Heller litigation headaches (and judicial cut-backs) have begun
- Firearm sentence enhancements, the nexus notion, and chilling effects
July 18, 2008 at 02:33 PM | Permalink
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