Maybe something good from New Orleans gun confiscation case?
It occurs to me, this could be the one. A lot of pro-gun types keep saying that the SCOTUS hasn’t taken a gun case since 1934 because there haven’t been good any ones. In other words, people convicted of gun crimes are typically not model citizens and the SCOTUS is loathe to take on such a case and rule in favor of the Second Amendment as it would be bad publicity. Or that there are other factors that affect the issue that aren’t related to the second amendment. And these folks believe that the court wants to rule favorably for it.
So, here we have a case where otherwise law-abiding folks are being disarmed. Someone will sue. It occurred in the only federal court jurisdiction that has not bought into that collective right interpretation of the second amendment crap. Will the court take it?
Personally, I think they’re probably wrong to think that the SCOTUS is going to rule favorably for the second since in the last two years it’s ruled against the first, fourth, and fifth amendments in ways that to me are unimaginable. I think it’s wishful thinking on their part.
September 9th, 2005 at 1:53 pm
The RKBA people, including the no nutz NRA need to take a stand on this. This isn’t court order confiscation of a lawbreaker. They are taking guns away from people in dangerous areas, just because the feds declared an emergency. You would be outraged if they were confiscating bottled water to force people out, why would confiscation of much needed firearms be any different.
Does anyone know if they are issuing any receipts? Not that it makes any difference.
I’d love the ACLU to support a fourth amendment lawsuit, at least, but that’s not likely to happen. ACLU hypocrites will never get a dime from me.
September 9th, 2005 at 3:27 pm
I agree completely. After the Kelo case, I breathed a sigh of relief that the court did not take up the 2A.
September 9th, 2005 at 3:40 pm
Let’s wait a couple of years to see how the Roberts Court shakes out. If Roberts himself turns out to be all he’s cracked up to be and O’Connor’s replacement does, as well, we’re looking at four good guys, four bad guys and a wildcard. I think there’s an excellent chance at least one of the four bad guys, maybe two, will resign between now and 2009. If so, I’d like to see the resulting court take on the Second Amendment with a relatively clean slate.
September 9th, 2005 at 4:45 pm
“…the Roberts Court…”
*shudder*
I guess it beats “the Scalia Court,” anyway.
September 9th, 2005 at 6:17 pm
What did you expect, the Clinton Court?
September 10th, 2005 at 10:31 am
I’d sue from the bottom up. I’d start with the individual police, National Guardsmen, and Fed deputies that were on the scene. Send the message to the footsoldiers and the Fed and LEO muscle that they better think twice about following illegal orders. They took an oath. Burn em.
September 10th, 2005 at 10:35 pm
I was hoping for the Thomas Court, but didn’t really expect it.
Now I’m hoping for a female minority appointment to replace O’Connor.
Janice Rogers Brown.
September 11th, 2005 at 1:05 am
Kevin, I agree. My question was directed to Tom, not to the average reader of this blog. From his perspective, I think the Roberts court was the best of all plausible worlds, if not all possible ones.
September 11th, 2005 at 10:30 pm
Well, what I expected was the president to put up somebody with some actual, um, experience for Chief Justice. I would have preferred Kennedy, but would have expected him to elevate Scalia or Thomas.
Instead, we get the largely unknown commodity of Otto the Autopilot. (C’mon, admit it, Roberts looks just like him!)
September 11th, 2005 at 10:32 pm
And as you point out, what I expected and what I would have wanted are two different things.
September 12th, 2005 at 12:11 am
Whaddya mean, admit it?! I advertised it!
September 12th, 2005 at 1:00 pm
Egad, you’re right! I was looking all over for where I had seen that, and it turns out it was at your site. š I just sort of assumed I saw it on FARK.com or something.
September 20th, 2005 at 9:56 am
[…] And the NRA is asking people who’ve had their guns confiscated in New Orleans to call them at (888) 414-6333. Guess they were reading my take on this. […]