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Old November 16, 2002, 10:58 AM   #33
Senior Member
Join Date: June 1, 2000
Location: Wisconsin
Posts: 321

I agree with you on Gould's performance. He wasn't very polished in his presentation (though I can grant some slack here if he doesn't have much experience before the SCt.--I have given oral arguments in moot court in law school and it is not easy), but my bigger problem was that he was arguing from a middle-of-the-road, non-gunowner perspective. For example, the concession on carrying a gun into a bank--he took the mainstream position on this, rather than arguing from common sense. He is, afterall, a public defender, and probably isn't a 2nd Amendment/Right to Keep and Bear Arms scholar.

On the other hand, while the Hamdan atty, Chris Trebatoski, gave a much smoother performance and tended to argue better from a true rights perspective, he too conceded on issues that you or I never would have. For example (and I haven't listened to the recording, I am only going from memory) he tended to emphasize a distinction between a shopkeeper in downtown Milwaukee's requirement for a means of defense versus a shopkeeper in the suburb's requirement. He, along with a couple justices, felt the right to bear arms for defense was dependent on whether you had a reasonable fear for your safety, not whether you were a human being. This is a bad distinction in terms of equal application of fundamental rights, and implies that no crime ever exists outside the inner city. Hell, if that were the case, I wouldn't need to lock my doors at night. Hmmm.

Trebatoski also said something during his rebuttal to the effect that if the statute is scrapped, then "everyone would carry." He said it as though this would be a very bad thing. While Trebatoski definitely put on a better case, and may end up carrying the day for his client, he didn't necessarily do gunowners a huge favor.

It will be interesting to see what happens. I can't imagine the court leaving the CCW statute as it is--there was just too much dissatisfaction with the broad application, and Hamdan was a perfect example. On the other hand, I really believe the court as a decisionmaking body is fearful of opening the concealed carry floodgates, even with an assurance that the legislature would come through quickly with a new statute or CCW permit bill.


I was glad Sykes didn't skewer me, especially after he read my comment about Justice Sykes' probable gun collection. By the way, did we ever determine whether they are still married or not? He didn't give any indication over the radio that there was any relationship there at all.
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"For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken
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