Monday, November 3, 2008

Obama and Heller

Article by Dave Kopel on the possible effects on gun-rights of an Obama presidency:
The recent U.S. Supreme Court decision in District of Columbia v. Heller plainly stated that the Second Amendment Right to Keep and Bear Arms is, indeed, an individual right. Ironically, Democratic presidential nominee Barack Obama often states the same thing.

In truth, Obama poses a more serious threat to the future application of the landmark decision than any other American.

Heller was a 5-4 decision. Even if a Supreme Court a few years from now did not formally overrule Heller, it could construe the decision so narrowly as to make it the last case that meaningfully applied the Second Amendment.

A future Supreme Court could also greatly reduce Heller’s scope by refusing to make it enforceable against state and local governments. And there is every reason to believe that an Obama Supreme Court, at the urging of an Obama Department of Justice, would do so.

Although Obama claims to support the Second Amendment, his record shows virtually unrelenting hostility toward gun ownership, especially for lawful defense. Consider these facts:

As a candidate for the U.S. Senate, Obama said there should be a national ban on concealed carry licenses, because licensees commit so many crimes. He claimed that Texas’ licensing of Right-to-Carry endangers people in Illinois. In truth, a Texas license does not authorize carry in Illinois, and Illinois is one of only two states that have the Obama favored policy of not even allowing people to apply for carry permits.

California law, while generally hostile to concealed carry, allows carry by some domestic violence victims who have received a court order against a stalker or a similar personal threat. Obama successfully fought against enactment of a comparable bill in Illinois. ...

Read the rest here.

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