Monday, September 26, 2005

Second Amendment Hotbed

The fact that the appalling confiscation of weapons in New Orleans has gotten little press coverage is of little surprise given media views of the right to bear arms. I commend this brief for the case, which is excellent. That fact is underscored by the recent Consent Decree entered by the guilty New Orleans parrishes (the equivalent of an "oops, my bad").

The brief is particularly excellent for its use of Equal Protection and Substantive Due Process as bases for the right to bear arms. I am especially pleased to see the 14th Amendment arguments expounded to test the analytical sincerity of modern interpretation of the Equal Protection and Due Process Clauses. The Second Amendment is an explicit pronouncement found in the Bill of Rights and belongs squarely within the ambit of rights that the 14th Amendment guards (unlike sodomy, privacy, abortion, and gay marital /benefits/adoption rights, to name a few).

In order to repeal the right to bear arms, it is not enough for the Superintendent of Police to say-so. Three-fourths of the states and two-thirds of the Congress (*notwithstanding the state-initiated convention, which has never been used*) have to say-so.

The N.O. case is further chronicled here by David Kopel, a VC contributor.