NRA and the Chicago Gun Case
“Gun nuts” battle “Constitution nuts” at the Supreme Court:
if Gura wins on privileges or immunities grounds, it will open up the full richness of the 14th Amendment’s original meaning, which makes the stakes for a victory in McDonald far higher than just preventing states and localities from stopping citizens keeping guns in their homes
February 13th, 2010 at 11:04 am
I agree, with the caveat that the higher stakes have zero/zip/nada to do with gun rights (the article never claimed they do, but I’ve encountered too many commenters to count who are convinced otherwise). Which is why the gun nuts are right to push DP incorporation as the path of least resistance. P/I incorporation would be better overall, and would certainly make more sense analytically, but from a Second Amendment perspective – and let’s face it, that’s the only one a single-issue organization like the NRA is supposed to care about – it makes no difference whatsoever how the Second Amendment is incorporated, only that it is. If it’s incorporated under either theory, or even by a fractured majority, we the people will enjoy exactly the same Second Amendment protections against state and local government as we currently have against the federal government, no more and no less. If it is not incorporated, we will have no such protection at all. There is no in-between.