Date: 6/10/2008 1:59:06 AM
To: office@downrange.tv
Subject: To: Michael Bane Re: Interview with Alan Gura
Mr. Bane,
RE:
http://www.downrange.tv/rkba/index.htm After listening to the Interview with Alan Gura regarding the forthcoming SCOTUS ruling in the 2nd Amendment case of Heller v DC, I was concerned over the simplistic portrayal and avoidance of the central civil rights question at issue.
The core concern over the pending Supreme Court recognition of an individual right under the 2nd Amendment is the level of judicial scrutiny any government restriction on the right must meet. If the Strict Scrutiny standard of the DC Appeals court is upheld, only those restrictions on the right that can be shown to meet a compelling government interest would meet constitutional muster. Strict scrutiny then would give the Right to Bear Arms the same degree of constitutional protection and citizen redress conferred on 1st Amendment rights.
I am convinced, if SCOTUS recognizes an individual right under the 2nd Amendment, subject to some lesser standard of "reasonable regulation," it would be worst possible outcome. For all practical purposes such a ruling, would mean any law, short of regulatory oblivion or an outright ban on the ownership, possession and use of firearms, would be constitutional. The citizenry would be appeased and 2nd Amendment rendered meaningless.
RM
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