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Certain post-Heller uncertainty: lots of lower court Second Amendment litigation

By Douglas A. Berman

As regular readers know, I have predicted lots of lower court litigation would follow Heller if the Supreme Court recognized an enforceable individual Second Amendment right.  Of course, that is what Heller recognizes, and all the broad language highlighted in this post provides plenty of fodder for would-be litigants eager to safeguard their gun rights.  (As I explained here, the Hayes case already taken up by the Justices is just one example of a case in which a serious new commitment to enforceable individual Second Amendment rights could and should complicate debates over statutory interpretation and the application of existing federal gun laws.) In comments here and here on prior Heller posts today, commentors have started to spotlight laws that now seem vulnerable to constitutional attack on Second Amendment grounds...continue to full post

Full post as published by Sentencing Law and Policy on June 26, 2008 (boomark / email).