ctdonath
Member
Ah, the problem of concise vs. thorough; idealism vs. reality.short term, no way
Didn't mean it would happen instantly. Let me clarify.
The immediate result of a favorable ruling by SCOTUS on Parker would be ... nothing, unless you live in DC (at which point you would be able to buy a handgun, subject to strict licensing (yes, DC has been operating a handgun registry for 30+ years, they just said "no" to every application), and keep it in your home assembled & unlocked, and be allowed to move it from room to room).
Outside of DC, the only federal gun ban is on machineguns. As it currently stands, Parker provides a template for licensed private possession thereof; replace each "handgun" reference with "machinegun", add a note that M16s are standard/quintessential infantry/militia arms, and the case is the same. This will require a separate case. If DC doesn't appeal, the case can be filed immediately in DC court promptly upon submitting an NFA Form 4 for a new M16/M4 and having the transfer request rejected by the BATFE. This potential case is probably the strongest reason for DC to appeal, as the current state of Parker is very favorable to overturning 922(o) (machinegun ban), while a SCOTUS appeal has a viable chance (a la Kelo) of reversing Parker. Methinks this would happen pretty quickly (relative to the speed of litigation), as the case looks quite straightforward; the one concern is that the opposition would absolutely freak and do ANYTHING to prevent even NFA-level legalization of new machineguns.
In theory, SCOTUS upholding Parker should mean no AWB-II; if pistols cannot be federally banned, then surely rifles cannot either. The Leftists will try anyway, of course. SCOTUS upheld McCain-Feingold, so there is danger that they'll uphold AWB-II on the "but you can get something that isn't banned" line.
14th Amendment incorporation of 2nd Amendment to the states would surely follow as well. If something is deemed an "individual right" federally, then surely the states cannot hinder the federal protection of that right of citizens.
Of course, this is all ideal - and the lack of idealism being reality is why we're in this mess. Chicago et al won't stand for legalizing handgun carry. Those disallowing machineguns won't stand for machinegun legalization. Those on the high road too often underestimate the underhanded tactics of the opposition.