On October 31, 2009, Henry was arraigned in state court for discharging firearms while intoxicated.
Greeeaaaat. Stupidity like this makes for bad case law.
Back in the 1980's and 1990's (and well before), most 2nd Amendment challenges seemed to run like this:
Joe Bob led police on a high-speed chase. When stopped, he took a swing at one of the officers before being subdued. Officers found a pound of marijuana in Joe Bob's trunk and a gun under the passenger seat with a defaced serial number.
Joe Bob and the lawyer he hired off an ad in the back of the phone book would throw a smorgasbord of outlandish appeals out, one of which would be a claim that his 2nd Amendment rights were violated by the confiscation of the weapon. The court in question would be asked to rule on the matter, and they'd always rule against us.
I've lost track of how many times I've said this, but it is too soon to challenge the NFA
. 2nd Amendment jurisprudence is still in its infancy, and we need to be very careful to bring strong litigation with sympathetic, law-abiding plaintiffs.