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Predicting Heller's future

By Douglas A. Berman

Effective and scholarly Heller analysis is coming fast and furious from various sources. Joyfully, lots of the best reads are also relatively brief like the effect piece by Glenn Reynolds and Brannon Denning on here at the Northwestern Law Review's Colloquy, and the series of commentaries over here at Cato Unbound.  Of all the comments, this insight from Dennis Henigan at the Brady Center highlights some of the post-Heller criminal justice realities we are already seeing play out:Although we will no doubt see an avalanche of Second Amendment claims (most by criminal defense lawyers on behalf of their clients seeking to avoid indictments and convictions for violations of gun laws), generally the lower courts are likely to interpret Heller as giving a constitutional green light to virtually every gun control law short of a handgun ban...continue to full post

Full post as published by Sentencing Law and Policy on July 18, 2008 (boomark / email).