As above, I think it will be very narrowly interpreted so as to not allow any broad changes in laws. So narrow, in fact, that handgun bans will not be effected. This isn’t just a SWAG – note the behavior of the DC City lawyers who shifted and left off the long-gun references to their challenge / appeal.
(I ANAL so I don’t know all of the exact terms.)

As for what to do next – I wholeheartedly agree that we should continue pressing matters. Strike while the iron is hot, so-to-speak. But consider that this case isn’t just a few months old. He planned this a long, long, long time ago. Back when he lived in DC, btw.

As to what we should do – well, I would go after the handgun before the machine gun. I think giving a noogie to the mayors of the liberal cities will remind them that they are bound by the US Constitution, not their petty, narrow desires for control. I am not really in favor of machine guns in general as they can be a non-discriminatory weapon. That said, I am not opposed to them being legal with a relatively easy to get permit. I *certainly* think the ATF should be scaled back in their fascist doctrines they wield with impunity now-a-days.

However, if it were my money, I would be pushing for the reciprocal agreement with CPL / CCW permits in all states. To me, this is a clear violation of the Commerce Clause of the US Constitution. IMO, that clause was put there specifically for this purpose — contracts and agreements recognized within one state *must* be recognized by all others. period. As above, this would knock those tin-pot governors and assemblies into acknowledging that they are part of a bigger populace.

Mind you, I would take more of a commerce / contract / permit position on all of these tacts rather than a ‘gun rights’ tact (as much as possible).

But most importantly, we need to move forward. Even if we each go in our own direction, we should act together where possible. A multi-pronged front is much tougher to defeat – and will appear much stronger to observers – than a single avenue. (Consider that for a moment. How would the public react to three stories about gun law challenges reaching the Supreme Court? I bet many would think; “This must be a hugely popular movement! I should support it!” It would be worth trying, meh thinks.)

(I really should write in my own blog more often….)

If the court grants cert, which I suspect they may not,I expect the ruling to be so narrowly defined and worded as to be only applicable in a very restrictive legal strait jacket and applying only in DC with a whole slew of intimated or outright specified “reasonable restrictions”.

The court has had a good record in ruling properly on questions of law and constitutionality when the litigants represented on level of government or another. However, they do not have a good record of proper rulings when the power of government is at stake as opposed to the rights of citizens.

Terry stops, searches not supported by evidence sufficient to obtain a warrant, and just a ton of like questions that invariably find for state power, no matter how egregious the overreach by the authorities. Don’t forget these are basically the same people that gave us Kelo v. New London.

I sincerely hope I am wrong and that the court grants cert then finds in a sweeping decision in favor of Heller in such a manner as to be applicable to all fifty states and negating all the illegal gun law restrictions (infringements) on the books. But that ain’t the way to bet.

They can’t really charge you with perjury when you specifically decalre it in the document, can they?

Chicago and Morton Grove Illinois’s bans on handguns would be a huge prime target if we win parker.

On purely legal grounds, I think the MG ban could be challenged, but at this point I think too many judges will have a Rybar majority type panic attack. Another reason I’m so grateful Alito replaced OConner last year. I think it would be wise to let any victory we get have time to sink in before going after the MG ban, sporting purposes or any of the other 1960s or 1930s era stuff. It is obviously bad law, but there are so many easier targets at the state level once we win this.

The collective rights reading of Miller, once overturned, puts them all back at square one. They will have to find alternative reasoning to uphold gun bans and they will have to address the 14th amendment aspect of the RKBA as well. This will almost certainly produce further circuit splits on the scope of the 2nd amendment.

I think there is more than enough easy victory at the state level to keep us busy without touching the MG issue for now.

Fincher was jailed for doing something similar ( filed a form 1, and then built it anyway after it was sent back ).

A pro-gun president could fix this easily … collect the tax, send the form back stamped, as proof of payment, and then simply not add it to the registry. But so far, neither Bush wants to end this insanity.