Wednesday, March 12, 2008

Countdown to SCOTUS Oral Arguments

This interesting piece from
In its Supreme Court brief, the District asserts that an exception for self-defense at home "is fairly implied in the trigger lock requirement," but it does not explain how. Courts reasonably could read the law's specific "safe storage" exceptions to mean there are no other exceptions.

As Bellingham, Washington, attorney Jeffrey Teichert notes in a friend-of-the-court brief, D.C. courts have convicted residents of violating other gun regulations even when they used their weapons for self-defense. In one such case, the District argued that "self-defense would only excuse the use of the weapon, not the possession of the weapon."

This sort of uncertainty would be considered intolerable in the exercise of any other fundamental right. Could a law requiring that books in the home be kept under lock and key be redeemed by arguing that courts probably would give it a "narrowing construction"? If the right to keep and bear arms means anything in practical terms, it means that someone who uses a gun to defend himself in his own home should not have to throw himself on the mercy of the courts.
We've made arrangements to get a feed of the SCOTUS oral arguments as soon as they end on Tuesday, which we'll IMMEDIATELY port in toto to DRTV — Marshal's runnign tests tomorrow to make sure we're good to go. We'll be doing extensive coverage of the arguments — Jim Shepherd from the SHOOTING WIRE will be our man on the floor (his credentials cleared; mine got "wait-listed," since I've never had Congressional media credentials). I've also spoken with David Hardy and Dave Kopel on giving me their expert commentary on the oral arguments (I'm waiting to hear back from John Lott), and we'll be gathering other interpretations as they become available. We want you to be as up to speed as we are on this critically important day.


Hazcat said...

Thanks, MB.

This is an historic event and the outcome is not clear. My thoughts are what do we do when they get it wrong, as I fear they will.

I foresee too many weasel words in the decision that will not but muddy the water even more.

DonWorsham said...

Anyone know the start time for the oral arguments?

saltydogbk said...

While I believe in God, I'm not someone who does a lot of praying. But on this one I pray the Court sees this the right way.

jay paul said...

I really like your writing style. Can’t wait for the next one. Keep these informative posts coming!

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