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Are the modern Second Amendment and Fourth Amendment on a collision course?

By Douglas A. Berman

Though not (yet) a true sentencing issue, my deep interest in post-Heller gun litigation and my concerns about individual liberty have me wondering if the modern Second Amendment and Fourth Amendment are on a collision course.  Or, to be more precise, this post yesterday from The Volokh Conspiracy and this post yesterday from SCOTUSblog have me thinking again that Heller has extraordinary potential to create so many new issues/headaches in unexpected settings. The post from Eugene Volokh reports on a federal district court decision last week, Lund v. Salt Lake City Corp., 2008 U.S. Dist. LEXIS 98722 (D. Utah Dec. 4), in which a federal district judge cites Heller in support of the proposition that "mere possession of a firearm in public is not unlawful and may well represent the exercise of a fundamental constitutional right guaranteed by the Second Amendment to the United States Constitution...continue to full post

Full post as published by Sentencing Law and Policy on December 10, 2008 (boomark / email).