Monday, June 28, 2010

Gun Bans Shot Down — Right on Schedule


Life imitates art once again: As predicted in Torch in the Night, the Supreme Court shot down state and local gun bans. And right on schedule, that is, one year early, actually. (My fictional prediction was half past June 2011.)

Thus, to get rid of gun control, Traynor had to convince the justices that the right to keep and bear arms recognized by the Constitution not only was a protection against federal gun control, but also applied to state and municipal governments. He had to get the justices to rule that the Fourteenth Amendment had extended the Second Amendment to the states. In legalese, the Second Amendment had been incorporated by the Fourteenth Amendment. After such a ruling, the often capriciously administered state licensing schemes, like in New York, and outright gun bans, like in Chicago, would be null and void.

Torch in the Night, p. 14.

"Justice Samuel Alito, writing for the court, said the Second Amendment right 'applies equally to the federal government and the states.' "


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