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mack59 · June 26, 2010, 02:47 PM

One must look at the long run - it could mean the world to our children or their children. In the closer long term it will mean as Gary posted that a lot of state laws will be open to challenge. Also, not every case after McDonald will need to go to the Supreme Court - what is happening is that a right is recognized, that right is applied to the states, then the courts begin to define a level of scrutiny and how that applies to the RKBA - the whole process builds up a body of law that the courts then begin to rely on to apply the RKBA more rapidly at lower levels - i.e. - DC has draconian rules for handgun ownership - that is being litigated right now - once that happens - say DC's rules are overturned a step before reaching the USSC - DC appeals its loss - but the USSC denies cert - essentially sending the meassage that they are okay with the ruling against DC's restrictions - then suit is brought in another federal court against Chicago and its newly passed restrictions - that federal court looks at Heller, McDonald, and also looks at the results of the DC circuit overturning similar laws and at the USSC deciding not to hear that case and they may well decide to overturn Chicago's restrictions right then and there. Chicago may appeal but they find no sympathetic ear. Now say California or the city of LA passes laws similar to DC and Chicago's and lets say that the federal district out there holds that the laws are constitutional, then on appeal the USSC overturns the decision and affirms the lower federal courts over the DC and Chicago cases in order to address the conflict between the circuits. Thus as the case law develops over time the USSC will be less and less part of the equation and over time even the lower courts will become less involved as attorney generals, legislatures, and city mayors begin to get a clear definition of the right and therefore begin to abide by the bounds of the RKBA. Right now the boundary is fuzzy - and yes it will take time to flesh it out - but if the RKBA means anything at all it will provide significant protection of the RKBA through the courts, especially as that body of law is developed that defines the right.

June 26, 2010, 02:47 PM	#18
mack59 Senior Member Join Date: July 14, 2004 Posts: 447	One must look at the long run - it could mean the world to our children or their children. In the closer long term it will mean as Gary posted that a lot of state laws will be open to challenge. Also, not every case after McDonald will need to go to the Supreme Court - what is happening is that a right is recognized, that right is applied to the states, then the courts begin to define a level of scrutiny and how that applies to the RKBA - the whole process builds up a body of law that the courts then begin to rely on to apply the RKBA more rapidly at lower levels - i.e. - DC has draconian rules for handgun ownership - that is being litigated right now - once that happens - say DC's rules are overturned a step before reaching the USSC - DC appeals its loss - but the USSC denies cert - essentially sending the meassage that they are okay with the ruling against DC's restrictions - then suit is brought in another federal court against Chicago and its newly passed restrictions - that federal court looks at Heller, McDonald, and also looks at the results of the DC circuit overturning similar laws and at the USSC deciding not to hear that case and they may well decide to overturn Chicago's restrictions right then and there. Chicago may appeal but they find no sympathetic ear. Now say California or the city of LA passes laws similar to DC and Chicago's and lets say that the federal district out there holds that the laws are constitutional, then on appeal the USSC overturns the decision and affirms the lower federal courts over the DC and Chicago cases in order to address the conflict between the circuits. Thus as the case law develops over time the USSC will be less and less part of the equation and over time even the lower courts will become less involved as attorney generals, legislatures, and city mayors begin to get a clear definition of the right and therefore begin to abide by the bounds of the RKBA. Right now the boundary is fuzzy - and yes it will take time to flesh it out - but if the RKBA means anything at all it will provide significant protection of the RKBA through the courts, especially as that body of law is developed that defines the right.