No Snowball Effect from Heller?

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LaEscopeta

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Looking a the Wikipedia entry on the Heller case:

http://en.wikipedia.org/wiki/District_of_Columbia_v._Heller

...I came upon this:

"Since the June 2008 ruling, over 60 different cases have been heard in lower federal courts on the constitutionality of a wide variety of gun control laws.[62] These courts have heard lawsuits in regard to bans of firearm possession by felons, drug addicts, illegal aliens, and individuals convicted of domestic violence misdemeanors.[62] Also, cases have been heard on the constitutionality of laws prohibiting certain types of weapons, such as machine guns, sawed-off shotguns and/or specific types of weapons attachments. In addition, courts have heard challenges to laws barring guns in post offices and near schools and laws outlawing "straw" purchases, carrying of concealed weapons, types of ammunition and possession of unregistered firearms.[62]

The courts have upheld every one of these laws as being constitutional. The basis for the lower court rulings is the paragraph near the end of the Heller ruling that states: "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions on the commercial sale of arms." Consistently since the Heller ruling the lower federal courts have ruled that almost all gun control measures as presently legislated are lawful and that according to UCLA professor of constitutional law Adam Winkler: "What gun rights advocates are discovering is that the vast majority of gun control laws fit within these categories."[62]"

If this is true (it is Wikipedia) it seems despite the repealing of firearms bans in several cities and towns after Heller, and the U.S. v. Arzberger (can't lose firearms without due process) any snowball effect of Heller has not appeared yet.
 
Anyone who thought that there would be an immediate turnaround because of Heller doesn't have an understanding of how the process works. It often takes years for the overall impact of the ruling to become apparent. The immediate impact was obvious, DC had to change the laws, but how it will effect everyone else won't be known for a while still.
 
Until

A. The SC incorporates 2A

AND

B. The SC defines the level of scrutiny to apply

Then almost any "law" can be defined as "reasonable."

Assuming 2A receives the same level of scrutiny as 1A the and only then will a substantial chunk of existing firearms law be challenge-able as not meeting constitutional norms.
 
There has been a "snowball" effect in a number of communities with bans like DCs.

However, most places in the US don't have these sorts of bans, so the size of that snowball is limited.

Cases involving California's and Massachusetts' arbitrary ban of certain handguns identical in function, size, weight, caliber, capacity, etc. to others that are legal, would be an interesting test of what "infringe" means.
 
LaEscopeta said:
...courts have heard lawsuits in regard to bans of firearm possession by felons, drug addicts, illegal aliens, and individuals convicted of domestic violence misdemeanors.... cases ... on the constitutionality of laws prohibiting certain types of weapons, such as machine guns, sawed-off shotguns ...challenges to laws barring guns in post offices and near schools and laws outlawing "straw" purchases, ....The courts have upheld every one of these laws as being constitutional....
The reality is that not every regulation of a Constitutionally protected right is unconstitutional.

It is very well settled in Constitutional law that Constitutionally protected rights may be subject to limited regulation. There is a significant body of cases defining the standard that would apply to determine if a regulation of a Constitutionally protected right is permissible. Regulations of a Constitutionally protected, fundamental right, for example, which has generally included those rights enumerated in the Bill of Rights, are subject to a test usually referred to as "strict scrutiny." There are three prongs to this test, as follows:

[1] The regulation must be justified by a compelling governmental interest; and

[2] The law or policy must be narrowly tailored to achieve that goal or interest; and

[3] The law or policy must be the least restrictive means for achieving that interest (i. e., there cannot be a less restrictive way to effectively achieve the compelling government interest, but the test will not fail just because there is another method that is equally the least restrictive).

So it's very unlikely that laws prohibiting the possession of firearms by certain disqualified persons, like convicted felons, or quite a few other gun controls will just be tossed out.

As David Kople wrote in the article to which BTR has provided a link (http://newledger.com/2009/03/gun-rights-and-the-constitution-was-heller-insignificant/ ):

"It’s true that...federal courts have rejected lots of Second Amendment claims brought by convicted felons, and by persons convicted of domestic violence, or by persons wishing to possess machine guns. This is no surprise,... thirty-one state Attorneys General filed an amicus brief on behalf of Mr. Heller, and they ...foresaw no possibility that gun bans for convicted criminals or machine gun bans would be endangered by a Second Amendment victory.

"Of course criminal defense lawyers often have to grasp at straws to defend their clients, so it’s not surprising that there have been plenty of post-Heller cases in which defense lawyers have raised near-hopeless Second Amendment claims. It’s hardly news that these cases have been losers."
 
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