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« New record sniper shot | Main | State pre-emption bars university ban on carrying »

Nevada ACLU declares for the individual right to arms

Posted by David Hardy · 4 May 2010 09:56 AM

Story here.

13 Comments | Leave a comment

flighterdoc | May 4, 2010 10:08 AM | Reply

So, when will the apostates be burned at the stake?

Greg in Allston | May 4, 2010 10:50 AM | Reply

Has anyone seen the weather forecast for Hell today?

Todd | May 4, 2010 11:05 AM | Reply

This is great news for ACLU members.

5thofNov | May 4, 2010 11:17 AM | Reply

Greg lol...best post of the day~!

Jim | May 4, 2010 11:40 AM | Reply

Actually, in 2002, the RI ACLU filed a brief in support of Mosby, which was support for our right to bear arms under the RI Constitution.

That got more than a few board members ticked off from what I was told ;-)

jheath | May 4, 2010 3:39 PM | Reply

The ACLU says the 2nd Am protects the arming of state-designated militia.

If the ACLU wants to vindicate the "collective model", they should sue the California National Guard on behalf of gay enlistees, citing state anti-discrimination laws. Cal's only defense would be that it is preempted by federal compliance guidelines. ACLU can then argue that 1)the state has a 2nd Am right to arm militiamen free from federal interference, or 2) in the alternate, that individuals have a right to be armed as militia by the state.

Where this goes is 50 different standards for militia enrollment and Congress powerless to create a uniform plan for national defense. Which is an absurdity, and directly contrary to the purpose of the Constitutional Convention, which assembled to address the inability of Congress to use militia to suppress Shays's Rebellion.

But the ACLU can vindicate their collective model and advance gay rights if they use the 2nd Am to defeat "don't ask don't tell" as applied to the National Guard.

Ben Kalafut | May 4, 2010 8:22 PM | Reply

Following AZ, the NV chapter comes to civilization. Late, but better late than never.

Pro 2A Leftist | May 5, 2010 12:03 AM | Reply

I would like to know what they consider to be "constitutionally permissible regulations"??

RKV | May 5, 2010 6:10 AM | Reply

"50 different standards for militia enrollment" Sorry, already superseded by 10 USC 311.

jheath | May 5, 2010 8:06 AM | Reply

RKV -- that's exactly my point. If ACLU really believes the states can designate and arm militia independent of federal law, they could sue the state guards to admit homosexuals, since in their view the 2nd Am protects the power of the states to do things like that.

In fact I've half a mind to try enrolling in the Guard wearing a dress, then ask the Cal. ACLU to take their 2nd Am theory to court on my behalf.

Chuck | May 5, 2010 10:13 AM | Reply

Jheath,

Careful, Klinger already tried that. IIRC he is still serving in a MASH unit in Korea.

c

jheath | May 5, 2010 2:43 PM | Reply

Klinger wanted *out*. We want a gay applicant to try to enlist in the Nat. Guard and be denied; then sue Cal. under antidiscrimination laws; then Cal. to point to federal law as preempting the enlistment; then the ACLU to argue for the "collective" 2nd Am right of the states to arm militiamen free from federal interference. If they lose the case, the individual RKBA is the only theory left standing. If they win the case, it opens the door to 50 different militia enrollment standards, which would be a good reason for SCOTUS to review and the Heller minority to hastily deny their own 2A theory.

WPZ | May 5, 2010 3:54 PM | Reply

Hey, one of my best friends is gay and she'd never wear a dress!

Meanwhile, I can recall phoning the local (Chicago) office of the ACLU many years ago, perhaps in the late '70s, and telling the person answering that I'd donate a hundred dollars right then and there if they'd take up action in favor of the right to keep and bear arms.
The confused answer person explained that they just couldn't do that.
There must be some basic human right to select rights.

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