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

New Orleans lawsuit

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.