Secret Weapon : Some 2nd Amendment lawyers help the gun-ban side (Part 1)

National Review ^ | 9-22-03 | Dave Kopel

[PLMerite]

"I cannot imagine a senario in which the NRA would advocate actually using the second amendment to repel tyranny."

More's the pity. Sometimes I get the feeling that the NRA (to which I have belonged for almost 20 years) is more like the resistance in "1984": merely an outlet for people's frustrations and a sponge for their contributions.

All the while doing nothing.

[Shooter 2.5]

If you think the NRA has done nothing, you haven't been paying attention.

[agitator]

"Subject to the Police Power..."

If Americans took the trouble to understand what that meant there wouldn't be a problem. Like all *presumptions* of authority over the exercise of a natural right, most "police powers" have been fabricated out of whole cloth.

The "police power" as far as natural rights are concerned only extends to *temporarily* modifiying where or when that right may be exercised. For example, making Main Street unavailable for auto traffic during a parade. On the other hand, making the peaceful bearing of arms illegal (see the legal definition of "License") is NOT within the authority of state. Claiming that you can bear arms within your house but not on the street is tantamount to converting a right to a crime and therefore is also not within the authority of the state.

Too bad nobody knows this any more.

[Shooter 2.5]

In their reasoning, since they were the police power, it gave them the right to carry or own what they wanted.

I can't say I didn't enjoy the fight. I learned a lot. I know why we lost and what it would have taken to win.

A brother-in-law who was too busy to help went to jail because his wife was too stupid to ignore the cop who asked if he owned a handgun. It was in his sockdrawer.
I wonder who would have gone to jail if it was in her drawer?

[coloradan]

Part II is here:

The Silveira Threat : How long will the Second Amendment live?

A reponse to both of these, from a lawyer helping draft the Supreme Court Silveira case, Roy Lucas, (and who has argued cases before the SCOTUS) is here:

KOPEL CLUELESS: Silveira Lawsuit Attacker is Shooting Blanks