June 30th, 2008
Glenn Reynolds writes something that sums up what I’ve seen as significant result of the Heller decision:
What’s most striking about Heller is that absolutely everybody — majority and dissents — says the Second Amendment protects an individual right.
It’s true that the dissenters’ view of that right is somewhere between “minimalist” (to be charitable) and “incoherent” (to be accurate). But nonetheless, all nine Justices specifically said the right is individual, and thus rejected the “collective right” position on the Second Amendment, a position that’s been the mainstay of gun-control groups, newspaper editorialists, and lower federal courts for decades, and one that was presented by those adherents as so obviously correct that those arguing for an individual right were called “frauds” and shills for the NRA.
Yet the collective right theory could not command a single vote on the Court when actually tested. It was, it seems, a paper tiger all along.
Decades of “collective right for the militia” arguments evaporated in the sunlight.
This needs to be remembered, because we’re going to be hearing dozens of new “common sense” arguments about what “keep and bear” means or if certain types of restrictions and regulations are “infringing” on rights. They’re going to argue that it’s clear that the framers never meant this kind of gun or that it was okay to carry it there or use it for that purpose.
They’re going to tell us that it’s obvious that the 2nd Amendment means one thing, when a trip down memory lane to June 26th, 2008 will remind everyone that what they had previously told us it meant was completely and totally wrong and had been all along.



