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« Self defense with a sword | Main | No retreat law proposed in PA »

New Orleans lawsuit

Posted by David Hardy · 16 August 2006 07:13 PM

NRA and SAF are declaring that the judge denied NO's motion to dismiss their lawsuit over the gun seizures. Here's NRA's press release.

It's an interesting suit, since it's in the 5th Circuit, which has declared for an individual right interpretation of the 2nd Amendment. To apply that to a local government, you'd have to see whether the 5th will incorporate the right to arms via the 14th Amendment. If it does, there might just be Supreme Court material here (and if gunowners win in the Circuit, such a move might be inevitable, since it'd be New Orleans' lot to file for certiorari).

Might make for an interesting case. (1) Unlike the typical criminal appeal, you don't have, well, criminals asserting a right; (2) the Court wouldn't have to flesh out the details of the right (which it may be reluctant to do), but could simply hold that confiscating firearms from an entire civilian populace, at a time when they are most needed, violates the right to arms. Then pitch it to the circuits to figure out what else might, and come back in in five or ten years and give some more definitive rulings.

2 Comments

Kirk Parker | August 17, 2006 3:36 PM

Or, they could, y'know, simply hold that the second means what it says ("the right of the people... shall not be infringed.")

Nahhh, it'll never happen. :-(

Jim | August 17, 2006 9:01 PM

Would it not be possible to dispose of this case based purely on statute or on the Louisiana constitution, which has a RKBA clause? Why would the case need to get as far as the federal 2nd amendment to be decided?