The Firing Line Forums - View Single Post - Why A New Assault Weapons Ban May Be A Good Thing!

**Tom Servo** · February 7, 2009, 10:53 PM

In a way, I see your point. I'd like to see something like HR 45 get trashed soundly by SCOTUS, but in reality, it would simply give the antis an advantage.

A ruling would likely set up more strictly defined limits, and the antis would be sure the follow-up legislation fell squarely within those bounds.

Say for example, the Court said, "registration is OK, but an outright ban isn't." Well, what constitutes a "ban?" The antis would come up with a compliant regulation scheme. Over time, it would become more draconian through revision.

In the end, it would be a ban in all but name.

I think for the time being, it'd be a good idea to hold off on any challenges. Let's wait until we have a more supportive legislature, at the least. Let's not poke the bear. It's very angry right now that its promised agenda isn't unfolding as smoothly as predicted.

As far as Obama packing the Court, barring an unforseen tragedy, the next two Justices to retire are both liberals. Even if (and this is a big "if") he replaces them with liberals, it's apples and apples. The net effect is no change.

February 7, 2009, 10:53 PM	#4
Tom Servo Staff Join Date: September 27, 2008 Location: Foothills of the Appalachians Posts: 13,059	In a way, I see your point. I'd like to see something like HR 45 get trashed soundly by SCOTUS, but in reality, it would simply give the antis an advantage. A ruling would likely set up more strictly defined limits, and the antis would be sure the follow-up legislation fell squarely within those bounds. Say for example, the Court said, "registration is OK, but an outright ban isn't." Well, what constitutes a "ban?" The antis would come up with a compliant regulation scheme. Over time, it would become more draconian through revision. In the end, it would be a ban in all but name. I think for the time being, it'd be a good idea to hold off on any challenges. Let's wait until we have a more supportive legislature, at the least. Let's not poke the bear. It's very angry right now that its promised agenda isn't unfolding as smoothly as predicted. As far as Obama packing the Court, barring an unforseen tragedy, the next two Justices to retire are both liberals. Even if (and this is a big "if") he replaces them with liberals, it's apples and apples. The net effect is no change. __________________ Sometimes it’s nice not to destroy the world for a change. --Randall Munroe