A tough question:

[JimDiver]

I am curious. Exactly what result will Emmerson have on the current laws? As I understand it it may show that it is an individual right.

Will laws suddenly go poof? Will only one (owning a gun while under a restraining order) vanish?

Any ideas?

 

[Gorthaur]

Basically, there's no automatic repeal of existing laws. However, in any challenge of existing laws, the governments would have to meet a much higher standard. A "compelling interest" would have to be shown in each case. So it wouldn't mean that felons could buy guns. Hopefully, it would mean lots of good stuff for the law-abiding.

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[Brett Bellmore]

What it means depends on the nature of the ruling, of course... We COULD lose, you know! But assuming we win, Emerson wouldn't immediately result in any law except the one Emerson violated being struck down.

It would, however, put us in a very strong position to challenge other gun control laws on the same basis. You'd still, unfortunately, have to violate it, and get prosecuted, and take the chance of going to jail and becoming a felon, in order to challenge them. This country DESPERATELY needs a way to challenge the constitutionality of laws without risking prison time and the loss of civil liberties!

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Sic semper tyrannis!