Tuesday, June 29, 2010

McDonald Case

Well the case came down. And I've read it. I don't have too much to add.

It's a win, and about what I expected. Sunday night was not the time to make wishes on dandelions and shooting stars on how the scope of the case would run. We pretty much knew from the telegraphed thinking displayed at Oral Arguments. But it was good to make it official.

The right to keep and bear arms applies to the states.

It's not the end of the journey. There are many more cases in the future to flesh out the whole thing. But it's a BIG step in this trek. And it makes it harder to step back.

What cases could come down the pike now? McDonald and Heller are specific in their recognition of self defense in the home, but they purposely leave open a begged question, "definitely in the home and probably elsewhere... " The elsewhere is the question to be solidified. The previous cases recognize that there are some sensitive places where guns can be prohibited, like schools and gummint buildings. Somewhere between my house and court house there is a line. Can I defend myself, family, and property outside my home? In the yard? 4 blocks away? THAT will have to get hashed out sometime soon.

Hey, look, the Metrocons at National Review are, of course, mentioning McDonald. They might not be the best with the 2nd Amendment, but they never ignore it on the big stuff. Even New York CCW owner Sean Hannity mentoioned it. (I leave work at 3PM when his show starts. I make a game of listening to him until he utters the word 'literally', then switch to NPR. I usually switch within 3 minutes. He overuses the word a bit...) And hey, one of my favorite columnists alive today, Thomas Sowell, also wrote something positive. Good.

What does McDonald mean for Maryland? I don't know. Maybe this will give some impetus to pro-gun legislators. Maybe the State wants to fight it tooth and nail but would rather not spend the money on costly litigation and will roll over for that reason. Or maybe they will retrench. At least this is no momentum in the wrong direction.

Oh, and I'm doing crotch-thrusts in the air in Chicago's direction. I assume that a few of you are doing that, too.

1 comment:

Phil L. said...

An interesting view of changing attitudes in Maryland, courtesy of some curious timing: An apartment complex maintenance man foils a home invasion - by shooting the intruder dead. On the same day as the McDonald ruling was released.

The WashPost reports that PG County State's Attorney Glenn F. Ivey said "Generally speaking, people do have a right to defend themselves and others in their homes, including deadly force in some circumstances."

Wow... In PG county? Power to the people, indeed!