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Old July 29, 2012, 03:18 PM   #8
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Join Date: May 29, 2007
Location: St. Louis, MO area
Posts: 4,039
It's also important to note that pre-Heller, guns could not only be regulated, but whole categories (and potentially even all firearms) banned as far as private ownership goes. That was the situation... had Heller gone the other way, it would still be the case. The ONLY thing preventing that kind of complete ban before that decision was the action of people opposing such measures at all levels of government.

Post-Heller, we find that outright bans (at least the most draconian ones) are off the table, but that still leaves a lot of room. Registration is seemingly not prohibited, and the nature of other prohibitions might also be in question (as Scalia seems to say). This is no surprise, Heller was more of a ceiling to what the anti-gun forces might pull off, but we still don't know just how high that is. Remember- keep up the work, and they can't get the bans/regulations passed, and it's a moot point. Just because something might be constitutionally allowed in the eyes of SCOTUS doesn't mean it happens- it has to be passed through two houses of Congress and then signed into law, and even then it can still be repealed/sunset.
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