Tuesday, May 8, 2007

Is the Paker Decision going to the Supremes?

The District of Columbia has lost its request that the Parker decision be reviewed by the Appeals Court that affirmed that the Second Amendment provides for an Individuals right to keep and bear arms.

Now D.C. has 90 days to request the case be heard by the Supreme Court.

D.C. can request the High court's support but are the stakes too high? Might D.C. decide in deference to Hillary Clinton, not to allow the issue to go to the High court when it might well become a 2008 presidential campaign issue, and look badly for the Democrats.

If the case is pending with the High Court, Hillary will be asked to make a stand on the issue. This could be very hard for the Democrats who would end up alienating their left or moderates if they take the wrong position. Hillary would not be able to dodge the issue. Surely Obama etc. would take the stand that the 2nd Amendment is a Collective right.

So, Mayor Fenty will be under pressure to not take the case forward. Instead he is likely to try to regulate around the issue by imposing some liberalization of D.C. gun laws that would keep most guns out of the hands of citizens who want them while letting some guns flow to those who would have to pass rigid criteria.

The criteria might include need, training, and specify the type of weapons allowed.

Even if such rules are adopted, they will likely face legal challenges, but through regulation, D.C. can still make it unlikely that the average law abiding citizen can have a gun in their home. D.C. can do this an avoid an embarrassing political issue for the Democrats and a likely worse outcome assuming the High Court would sustain the Parker Decision.

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