Friday, June 13, 2008

Brady Campaign Braces for Defeat

One statement from the ABC interview says it all:

'We've Lost the Battle on What the 2nd Amendment Means,' Paul Helmke - Brady Campaign Head

... and it’s about time to!!! Seventy years of willful misinterpretation of the Second Amendment finally seem to be coming to an end. Unfortunately it won’t mean the end of the Brady Campaign and other groups attempting to legislate away our right to keep and bear arms.

Mr. Helmke concedes: "Seventy-five percent of the public thinks it's an individual right. Why are we arguing a theory anymore? We are concerned about what we can do practically."

The next tactic of the Brady Campaign is to find measures that they believe will be harder to “cast as infringements of the Second Amendment”. Fortunately, it sounds like they’re already barking up the wrong trees and living in their own delusional world.

According to Brady Campaign Attorney Dennis Henigan:

"Universal background checks don't affect the right of self-defense in the home. Banning a super dangerous class of weapons, like assault weapons, also would not adversely affect the right of self-defense in the home. Curbing large volume sales doesn't affect self-defense in the home."

Fortunately I don’t think any of these will pass Constitutional muster. The justices already attacked the focus on a single group of weapons with comments like “is it OK to ban books but not newspapers - because the First Amendment is not absolute.” Also, any claim made by the Brady Campaign is going to put under a legal microscope. Assertions that so-called ‘assault weapons’ are “super dangerous” will be closely scrutinized (and exposed as the hyperbole that they are!). Large volume sales also will face similar scrutiny – are we going to limit the number of blog posts someone can make, or the number of articles an author can write in a newspaper as well? Also, they'll have to make the case that the right to self-defense stops at the property line.

The devil is in the details, however, and I’m anxiously looking forward to the Heller ruling. At a high level, I expect the Second Amendment to once again be affirmed by at least five or six justices. What I don’t know is how far they will go in affirming that right. The full decision will require very careful reading, as will any dissenting opinion as the language of this decision will frame the debate and legislation going forward.

Until next time!

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