Posted on 08/21/2009 1:08:28 PM PDT by Sub-Driver
Sorry, Mandatory Gun Registration Is Constitutional
Posted by Declan McCullagh
Mandatory gun regulation has long been the bête noire of Second Amendment advocates, who worry that it's the final step before firearm confiscation.
The surprise is that, even after last year's landmark Supreme Court ruling on gun rights, mandatory registration could be constitutional. It may not be the wisest public policy. It may not be practical. But after the D.C. v. Heller decision, it also may not violate the Second Amendment to the U.S. Constitution.
That question is at the heart of a second lawsuit underway against the city of Washington, D.C. It also arose last week when the U.S. Seventh Circuit Court of Appeals in Chicago said that the Second Amendment poses no barrier to mandatory regulation because it does not "invalidate any and every regulation on gun use."
Even some pro-gun scholars and advocates reluctantly agree. "I think under the Heller decision, registration would be constitutional," Alan Gottlieb, founder of the Second Amendment Foundation in Bellevue, Wash., told CBSNews.com this week. "It doesn't make it good public policy."
This isn't a mere abstraction: four years ago, after Hurricane Katrina laid waste to much of New Orleans, local police, the national guard, and U.S. Marshals began breaking into homes at gunpoint and confiscating lawfully-owned firearms.
"Registration is probably not unconstitutional," says Don Kilmer, an attorney in San Jose, Calif. who has sued two California counties for denying law-abiding citizens permits to carry concealed weapons. "There's a difference between registration as a permissible regulation and registration as good policy."
(Excerpt) Read more at cbsnews.com ...
Perhaps it is not unconstitutional, but I can certainly send any slob that tries to pass the legislation back where he came from.
no barf alert?
The Heller decision is disastrous. We would have been far better off if the court had not taken the case.
Would this be at the time of purchase??? I will simply let anybody know that I used to have a gun but I haven’t seen it in years. We register on a de facto basis anyway when they run a background check IMHO.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed
Try it, and libs will discover just how impractical it will be.
We could be registered with each state, so that we may serve in the state militias...which pretty much no longer exist.
Suckers.
“who worry that it’s the final step before firearm confiscation”
Way to put your opponents’ arguments in the worst light possible!
“Sorry, Mandatory Gun Registration Is Constitutional” COME AND GET ‘EM YOU POS!
MAY, would, could.
Show us the SC decision that says YES it is constitutional. What is the pirpose of these articles that are wishing sessions.
Go ahead and try, Holder, you fascist punk.
They just want to get our guns so they can do things to us that they couldn’t do if we were armed.
From this Wikipedia article:
In Haynes_v._United_States, 390 U.S. 85 (1968) the Supreme Court ruled that, since convicted felons are prohibited from owning firearms, requiring felons to register any firearms they owned constituted a form of self-incrimination and was therefore unconstitutional.
In the eyes of the libtards (including many in positions of government power that they are unfit to occupy), any gun owner is presumed to be a criminal. Therefore...
Funny how we worry about the tiniest drop of public money splashing on anything relating to religion, but anything short of confiscation isn’t even discussed by reasonable people as possibly violating Constitutional guarantees. Even though the first amendment standard is establishment, whereas the second amendment standard is infringement. Establishment sounds like a higher bar to me.
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