Alan Gura Endorses the Brady Position

[rbernie]

You forgot the smilie.

Seriously - the more I read, the more I come to realize that Gura did exactly what was needed to win the case at hand, and did as little as possible to jeopardize that.

Huffpo can huff and puff all they want, but in the end it matters not.

 

[Tim Burke]

Gura had just a few minutes to make his point, and he refused to get side-tracked by the NFA issue. Sounds like good work to me.
Would the Justices have been more inclined to rule in his favor if he had said that of course the machine gun ban would have to be overturned using the same logic?

 

[Wineoceros]

Gura sucks!!!

He should have gotten Kelo overturned while he was before the Court.
If he wasn't such a horrible lawyer he might have even reversed Roe v Wade.

But NOOooooooo all he wanted to talk about was handguns in DC. What a moron.......

He's a traitor to freedom loving people everywhere!

LOL! Well played, sir.

 

[jlbraun]

In case anyone is forgetting, Ginsberg, the ANTI judge, was the one trying to get Gura to equate machineguns with handguns, because it would mean a sure collective rights ruling and a remanding or overturning of Parker - in other words, a LOSS.

 

[RP88]

Ahhh...but if SCOTUS rules the 2A guarantees an individual right to keep and bear arms, and that "arms" includes handguns, there may well be grounds for a challenge to such policies as unreasonable restrictions.

as long as it is still affordable, they can do it. They can also make the process take as long as they want by adding reasonable steps and obstacles so long as it doesnt actually infringe or become unreasonable.

Requirement of a permit to purchase, which can take months to process, followed by waiting periods per purchase...etc. can survive a level of 'reasonableness' as long as they are being used to make sure that the potential buyer isnt restricted from ownership

Point is, they can still have enough room to make the process a hassle to make people not WANT to get one even though they CAN get a gun legally through it. Thats not infringing or unreasonable as it is simply a preying on common preference for convenience; it's simply dirty, underhanded, and a rude burden to place on people because the gov guys dont agree with what others want to exercise in concern of rights.

 

[F4GIB]

I was there. Gura did a fine job.

Remember that in this case, Heller is asking to be allowed to REGISTER his handgun so he can possess it in D.C.

Gura couldn't say they opposed "registration."

 

[Jamie C.]

Did the Brady Bunch get a different transcript than what I read?

'Cause over and above whatever Allen Gura said, quite a bit of what I heard from the Justices didn't support anything I've ever heard come out of the Brady camp's mouth. And last I checked, it's what they ( the Justices ) have to say that counts.


J.C.

 

[IllHunter]

This is starting to smell like...

Clintons contention that "it depends on what "it" means." The Dems and the Brady bunch love to play intellectual games.

Now we're debating what the word "people" means.

Or really we're getting to what the word "rights" truly mean.

Someone let me know when they figured it out I have an understanding that works for me and I intend to defend it to the death.

 

[FieroCDSP]

We've spent the past 20+ years handing away our gun rights piece by piece. It's ignorant to believe we can possibly get them all back with one lawyer in a ten minute grilling by the Justices.
Gura did well. For the purpose of his case, he minimized the NFA weapons to persue the handguns. The NFA guns are controlled at the federal and state levels, not locals. To win his case, he had to keep the focus on why DC's ban on handguns was a removal of rights from the people, and from the transcript, he did well, and I got the feeling most of the justices agreed that DC was stepping on the people for fun. There were a few moments, particularly the NFA and reasonable restriction moments, that I didn't like, but in many states, we're happy to even have reasonable restrictions like Shall-Issue, because it's better than the alternatives of No-Issue or May-Issue.

One step at a time, folks. Just as the Brady's can't win in one shot anymore, neither can we. The public is slowly waking up, and so long as we fight fear with fact, we have the high-ground.