Smart money says that the current SCOTUS will uphold the D.C. Circuit at least to the extent of holding that the Second Amendment creates an individual right. I’m thinking another 5 to 4, with Kennedy doing the writing and maybe trying to “legislate” some sort of a balancing process. They’re too conservative not to strike the D.C. law, but probably will end up too afraid to actually send us as far down the road as the Circuit Court got things started.
My personal belief is that this is just one more subject on which it makes little sense for those of us living now to simply accept without question the original pronouncements of the Founding Fathers. I understand and appreciate the value of having an armed citizenry that could theoretically thwart the efforts of a theoretical despot to create an American dictatorship. However, I also understand the value of bringing our best modern minds to bear in the area of solving our modern problems. Sadly, that’s something that we’ve done all too little of.
It’s like this. To the extent that a Constitutional right exists, the authority to legislate firearms regulation needs to be placed under some real limitations. The line drawing here gets hairy, but the safest bet is that there are any number of laws currently on the books that simply will no longer pass muster. For example, if ex-felons and users of psychiatric medications don’t lose their First Amendment rights, why would the result be an different with respect to the Second Amendment? These things can and should be discussed, and answers created by our current citizens for our current circumstances.
Folks on both sides of this issue actually need to give serious thought to supporting the creation of The Second American Constitutional Convention. The exact level of firearms rights that our country now wants is not clear to anyone yet, but what is clear is that the language of our current Constitution is likely not to provide the best means for us reaching that point.