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"The New Second Amendment: A Bark Worse Than Its Right"

By Douglas A. Berman

I just noticed this notable new commentary, with the same title of this post, by UCLA Law Prof Adam Winkler noting the consistent pattern of lower court rulings after Heller.  Here are snippets: As many legal scholars predicted, the Supreme Court's [Heller] decision led to a tidal wave of Second Amendment challenges to gun control. Every person charged with a gun crime saw the Supreme Court's decision as a Get Out of Jail Free Card. To date, the lower federal courts have ruled in over 60 different cases on the constitutionality of a wide variety of gun control laws. There have been suits against laws banning possession of firearms by felons, drug addicts, illegal aliens, and individuals convicted of domestic violence misdemeanors. The courts have ruled on the constitutionality of laws prohibiting particular types of weapons, including sawed-off shotguns and machine guns, and specific weapons attachments...continue to full post

Full post as published by Sentencing Law and Policy on January 06, 2009 (boomark / email).