Wednesday, September 3, 2014

10 Onerous - But Legally Vulnerable - Gun Laws

Eugene Volokh (WaPo)
Professor Eugene Volokh, writing in the Washington Post, has a very interesting article: The 10 most practically significant — yet potentially legally vulnerable — restrictions on availability of guns for self-defense

 The good Professor, a well respected Constitutional scholar and blogger at The Volokh Conspiracy, lists ten areas of gun laws that significantly restrict the Right to Self Defense - yet may be susceptible to the ongoing wave of pro-rights litigation. He admits the list is only an initial look, but it seems a damn good one - with one exception noted below.

Summarized:  the 10 potential liberation areas are: Carrying a gun in public places; Handgun ownership by 18-20 year olds (if they can vote...); Gun possession and carrying by legal aliens; Gun possession in Gov't housing including dorms, recovering of rights by minor felons and mental health holds for those that have served there time, been cured, or the issue were significantly period ago without other infractions; and finally, the onerous Legal fees charged for exercising self-defense rights.  

 I wonder what Alan Gottlieb of the Second Amendment Foundation's list looks like...

I am a little concerned that Volokh specifically mentions bans on "assault weapons " as being outside his tests for substantially interfering with self-defense and legally vulnerable. As many have pointed out before, the Modern Sporting Rifle is functionally the same as the slightly more Hippie-friendly semi-automatic traditional pattern rifles. The recent riots have shown just how suitable that aggregation of stocks. pistol grips, box magazines and shoulder things that go up is for self-defense. Excluding the MSR makes no sense.  

Still: Recommended Reading 

HT: SayUncle and/or Shall Not Be Questioned

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