View Single Post
Old July 11, 2010, 11:51 PM   #14
Tom Servo
Staff
 
Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 10,253
Quote:
I'll rephrase: would a ban on carrying guns outside ones own home or property during a declared emergency pass muster?
Very possibly. We still don't know where we are on scrutiny, but even assuming strict scrutiny, a judge could fall back on the old "time/place/manner" test.

A crafty attorney could argue that a ban on carrying weapons outside the home during a time of declared emergency serves a "compelling government interest" in preventing looting. If the tailoring of the ordinance is expected to be narrower, he could say, "well, just during a really bad snow storm" or "when the electricity is expected to be out for more than twelve hours."

It all depends. Anyone know where the 4th Circuit generally stands on 2nd Amendment issues?
__________________
In the depth of winter I finally learned that there was in me an invincible summer.
--Albert Camus
Tom Servo is offline  
 
Page generated in 0.06176 seconds with 7 queries