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Legal Commentary

: Prawfs

Taking Heller Seriously

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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First, an admission. Unlike the other guest bloggers (and here's a shout out to Dan M. for inviting me), I haven't actually read Heller, the S.Ct's pronouncement that yes, Virginia, you do have an individual right to bear arms. But the fact that I haven't read an opinion has never stopped me from offering my own two cents, so here goes. Here's a picture of me exercising my right to bear arms. As you may have guessed, I don't really see what the big deal is. I mean, they claim there are a lot of people who insist on their right to bear arms, but I'm pretty certain none of those people live in New York, so do I really care? Or if they do live in NY, I've haven't seen them. Of course, maybe a handful of NY'ers secretly do the bear arms thing in the privacy of their homes as Heller suggests. (Heller does suggest this, right? I mean, I will read Heller eventually. The headnotes certainly. Or at least the synopsis on Wikipedia. BTW, I'm assuming these "bear arms" activists are furries--like these two--but do furries really need constitutional protection? More importantly, do furries really think exercising some right to bear arms will keep them safe? (BTW, am I missing something, or does Heller also suggest there's a fundamental right to defend one's habitation? I.e., that a state could not eliminate this defense? I really should have my research assistant read the opinion.) I mean, it's not like taking advantage of some right to bear arms gives them superhuman strength, or makes them strong like a bear. I mean, look at this. If you were a burglar, or a peeping tom, or a serial killer, or a Jehovah's witness, or a girl scout selling cookies, or just some Joe hoping he got the right address for the blind date his buddies set him up on, or even the police exercising their right to execute no-knock warrants under Richards v. Wisconsin, I mean, if you were any of these people and saw me doing the bear arms thing, wouldn't you just laugh?Bear_arms_3

Full post as published by Prawfs on July 01, 2008 (boomark / email).

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